Smith v. Goord

Appeal from a judgment of the Supreme Court (McNamara, J.), entered October 11, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review four determinations of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, initiated this CPLR article 78 proceeding challenging four separate disciplinary determinations rendered against him. However, inasmuch as the controlling four-month statute of limitations (see CPLR 217 [1]) had long since expired with respect to each of the…