Allah v. Goord

—Appeal from a judgment of the Supreme Court (Graffeo, J.), entered November 3, 1997 in Albany County, which, inter alia, in a proceeding pursuant to CPLR article 78, dismissed the petition as untimely.

Petitioner commenced this CPLR article 78 proceeding challenging a determination dated June 25, 1996, which petitioner alleges wrongfully recalculated his prison sentence. Thereafter, petitioner moved for a default judgment on the ground that respondents’ answer was untimely. Supreme Court denied petitioner’s motion, finding that respondents’ request for an extension of time to answer had been…