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In the Matter of Jerry Adams v. andrea W. Evans

State of New York Supreme Court, Appellate Division Third Judicial Department


February 9, 2012

IN THE MATTER OF JERRY ADAMS, APPELLANT,
v.
ANDREA W. EVANS, AS CHAIR OF THE DIVISION OF PAROLE, 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.

MEMORANDUM AND ORDER

Calendar Date: December 12, 2011

Before: Rose, J.P., Spain, Kavanagh, Garry and Egan Jr., JJ.

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 AD3d 913 [2005]; see generally People ex rel. Pettijohn v LaClair, 78 AD3d 1395, 1395 [2010]).

Rose, J.P., Spain, Kavanagh, Garry and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20120209

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