Barrett v. Coughlin

Appeal from a judgment of the Supreme Court (Bradley, J.), entered October 29, 1992 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time barred.

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, had successfully challenged an April 8, 1991 determination which found him guilty of using cocaine and imposed punishment. The petition in the instant CPLR article 78 proceeding shows that Supreme Court issued an October 31, 1991 order remanding the previous matter for "full administrative evaluation of…