Gaines v. Coughlin

Appeal from a judgment of the Supreme Court (Ellison, J.), entered June 29, 1995 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner’s appeal must be dismissed as untimely. On July 20, 1995, petitioner was served with a copy of Supreme Court’s judgment and written notice of its entry. Because service was effected by mail, petitioner had 35 days to file his notice of appeal…