Bogle v. Mann

Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 28, 1990 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time barred.

Petitioner, a prisoner in Shawangunk Correctional Facility in Ulster County, had received multiple disciplinary penalties which cumulatively would have kept him in the special housing unit (hereinafter SHU) until November 1, 1991. The disciplinary disposition imposed on March 27, 1988 expired on May 6, 1989. However, petitioner was not released to the general prison…