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Timmers v. State

Appellate Division of the Supreme Court of New York, Third Department
Sep 13, 2007
43 A.D.3d 1226 (N.Y. App. Div. 2007)

Opinion

No. 502291.

September 13, 2007.

Appeal from a judgment of the Supreme Court (Stein, J.), entered March 7, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition as untimely.

Kwame Timmers, Watertown, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.

Before: Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ., concur.


Following the denial of petitioner's application for a writ of habeas corpus ( see People ex rel. Timmers v Mellas, 27 AD3d 1179, lv denied 7 NY3d 702), he commenced this CPLR article 78 proceeding challenging the revocation of his parole. Supreme Court dismissed the proceeding as untimely, prompting this appeal.

We affirm. The proceeding herein was not commenced until long after the applicable four-month statute of limitations had expired ( see CPLR 217; Matter of Acero v Sabourin, 5 AD3d 821, 822) and, contrary to petitioner's assertion, the circumstances of this case do not afford him relief pursuant to CPLR 205 (a). Thus, respondent's motion to dismiss was properly granted.

Ordered that the judgment is affirmed, without costs.


Summaries of

Timmers v. State

Appellate Division of the Supreme Court of New York, Third Department
Sep 13, 2007
43 A.D.3d 1226 (N.Y. App. Div. 2007)
Case details for

Timmers v. State

Case Details

Full title:In the Matter of KWAME TIMMERS, Appellant, v. NEW YORK STATE Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 13, 2007

Citations

43 A.D.3d 1226 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6607
842 N.Y.S.2d 608