Hammond v. LaValley

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered April 30, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as time-barred.

Petitioner commenced this CPLR article 78 proceeding seeking to challenge a determination of the Commissioner of Corrections and Community Supervision finding him guilty, after a tier III disciplinary hearing, of violating the prison disciplinary rule prohibiting lewd conduct. In lieu of answering, respondents moved to dismiss the proceeding upon the basis that it was untimely…