Matter of Nisbett v. Prack

Appeal from a judgment of the Supreme Court (Cahill, J.), entered November 26, 2014 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. Respondent moved to dismiss the petition on the ground that the proceeding was not commenced within the four-month statute of limitations pursuant to CPLR 217 (1). Supreme Court granted the motion and petitioner now appeals.

We affirm. Petitioner acknowledges that he was notified on April…