Taylor v. Dufrain

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of *682the Supreme Court, entered in Franklin County) to review a determination of respondent Superintendent of Franklin Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination which, after a tier II hearing, found him guilty of violating a prison disciplinary rule. Respondents argue that the proceeding is untimely. We agree.

Petitioner concedes in his petition that he received the denial of his…