Hayes v. Evans, 98 A.D.3d 1207 (N.Y. App. Div. 2012). · Go Syfert
Hayes v. Evans, 98 A.D.3d 1207 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Wisniewski v. Michalski (nyappdiv, 2014-02-07)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Wisniewski v. Michalski
N.Y. App. Div. · 2014 · confidence medium
To the extent that petitioner challenges the determinations of the Board and/or the New York State Department of Corrections and Community Supervision with respect to work release, temporary release, presumptive release, merit time and merit release, those challenges are untimely inasmuch as they were not interposed “within four months after the determination[s became] final and binding” (Matter of Hayes v Evans, 98 AD3d 1207, 1208 [2012]; see CPLR 217 [1]; Matter of Velez v New York State Div. of Parole, 104 AD3d 1013 , 1013 [2013]; Matter of Purcell v Dennison, 29 AD3d 1128, 1128-1129 [2…
discussed Cited as authority (rule) Wisniewski v. Michalski
N.Y. App. Div. · 2014 · confidence medium
To the extent that petitioner challenges the determinations of the Board and/or the New York State Department of Corrections and Community Supervision with respect to work release, temporary release, presumptive release, merit time and merit release, those challenges are untimely inasmuch as they were not interposed “within four months after the determination[s became] final and binding” (Matter of Hayes v Evans, 98 AD3d 1207, 1208 [2012]; see CPLR 217 [1]; Matter of Velez v New York State Div. of Parole, 104 AD3d 1013 , 1013 [2013]; Matter of Purcell v Dennison, 29 AD3d 1128, 1128-1129 [2…
Retrieving the full opinion text from the archive…
In the Matter of Lawrence Hayes
v.
Andrea W. Evans, as Chair of the New York State Division of Parole
Appellate Division of the Supreme Court of the State of New York.
Sep 27, 2012.
98 A.D.3d 1207
Malone.
Cited by 4 opinions  |  Published
Malone Jr., J.

Appeal from a judgment of the Supreme Court (Cahill, J.), entered September 30, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

[*1208] Following the denial of petitioner’s application for discharge from parole pursuant to Executive Law § 259-j, petitioner commenced this CPLR article 78 proceeding challenging the determination. Supreme Court granted respondent’s motion to dismiss the petition as time-barred and this appeal ensued.

We affirm. A challenge to an administrative determination must be commenced within four months after the determination becomes final and binding (see Matter of Feldman v New York State Teachers’ Retirement Sys., 14 AD3d 769 [2005]). “Generally, the statute of limitations begins to run when the party receives oral or written notice, or when the party knows or should have known, of the adverse determination” (Matter of Singer v New York State & Local Employees’ Retirement Sys., 69 AD3d 1037, 1038 [2010] [citations omitted]). Here, there is no dispute that petitioner’s parole officer verbally informed petitioner in December 2010 that his application for discharge was denied, at which point the four-month statute of limitations began to run. Given that petitioner did not commence this CPLR article 78 proceeding until May 2011, the petition was properly dismissed as untimely. To the extent that petitioner asserts that the statute of limitations did not begin to run until his counsel received notification of the determination in April 2011, we note that, unlike Matter of Bianca v Frank (43 NY2d 168, 173 [1977]), petitioner was not represented by counsel until after the administrative determination became final and binding. Petitioner’s remaining contentions are either unpreserved for our review or without merit.

Mercure, J.P, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.