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Adams v. Evans

Supreme Court, Appellate Division, Third Department, New York.
Feb 9, 2012
92 A.D.3d 1056 (N.Y. App. Div. 2012)

Opinion

2012-02-9

In the Matter of Jerry ADAMS, Appellant, v. Andrea W. EVANS, as Chair of the Division of Parole, Respondent.

Jerry Adams, Woodbourne, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.


Jerry Adams, Woodbourne, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.

Appeal from a judgment of the Supreme Court (Platkin, J.), entered February 17, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a May 2010 decision by the Board of Parole denying his request for parole release. While the record is unclear as to whether petitioner timely took an administrative appeal from that decision, it does unequivocally demonstrate that he failed to timely perfect such appeal ( see 9 NYCRR 8006.2[a] ). As a result, petitioner failed to exhaust his administrative remedies and Supreme Court properly dismissed the petition ( see Matter of Sawyer v. Travis, 14 A.D.3d 913, 787 N.Y.S.2d 910 [2005]; see generally People ex rel. Pettijohn v. LaClair, 78 A.D.3d 1395, 1395, 913 N.Y.S.2d 347 [2010] ).

ORDERED that the judgment is affirmed, without costs.

ROSE, J.P., SPAIN, KAVANAGH, GARRY and EGAN JR., JJ., concur.


Summaries of

Adams v. Evans

Supreme Court, Appellate Division, Third Department, New York.
Feb 9, 2012
92 A.D.3d 1056 (N.Y. App. Div. 2012)
Case details for

Adams v. Evans

Case Details

Full title:In the Matter of Jerry ADAMS, Appellant, v. Andrea W. EVANS, as Chair of…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Feb 9, 2012

Citations

92 A.D.3d 1056 (N.Y. App. Div. 2012)
937 N.Y.S.2d 901
2012 N.Y. Slip Op. 881

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