Ali v. Goord

—Appeal from a judgment of the Supreme Court (Teresi, J.), entered September 10, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time barred.

Following a tier III hearing, petitioner was found guilty of violating certain prison disciplinary rules. Upon administrative appeal, petitioner was informed by decision dated July 23, 1998 that the charges were affirmed. He subsequently commenced this CPLR article 78 proceeding. Supreme Court granted respondent’s motion to dismiss the petition as untimely and this appeal…