Reynoso v. McGinnis

Appeal from a judgment of the Supreme Court (Tait, J.), entered December 28, 2005 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.

In August 2005, petitioner commenced a proceeding for a writ of habeas corpus challenging a determination of the Time Allowance Committee establishing his conditional release date, which was administratively affirmed on August 8, 2001. After Supreme Court converted it to a CPLR article 78 proceeding, respondent moved to dismiss the proceeding as untimely. Supreme Court granted…