Huber v. Selsky

—Appeal from a judgment of the Supreme Court (Lamont, J.), entered May 22, 2000 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as time barred.

Petitioner commenced this proceeding challenging a determination finding him guilty of violating various prison disciplinary rules. Supreme Court dismissed the proceeding as untimely commenced (see, CPLR 217 [1]) and this appeal ensued. Our review of the record reveals that petitioner’s affidavit in support of the order to show cause and verified petition were not received by the clerk of the court until the…