Johnson v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

*812Petitioner commenced this CPLR article 78 proceeding to review a determination which found him guilty of violating the prison disciplinary rule prohibiting the possession of authorized property in an unauthorized area. Respondent’s answer included an objection in point of law which alleged that more than four months had elapsed between petitioner’s receipt of…