Opinion
May 27, 1993
Appeal from the Supreme Court, Sullivan County (Kane, J.).
The Statute of Limitations began to run on the Parole Board decision at issue on February 11, 1992, when petitioner admittedly received the parole appeal decision notice (see, Matter of Biondo v New York State Bd. of Parole, 60 N.Y.2d 832 ). Given that the proceeding was commenced upon service of the order to show cause and petition on respondent in July 1992, after the four-month Statute of Limitations had expired (see, Matter of Bogle v Mann, 175 A.D.2d 409), Supreme Court properly dismissed the petition as time barred.
Weiss, P.J., Mikoll, Yesawich Jr., Levine and Mercure, JJ., concur. Ordered that the judgment is affirmed, without costs.