Morales v. Selsky

—Appeal from a judgment of the Supreme Court (McNamara, J.), entered February 20, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the proceeding as time barred.

Following a tier III disciplinary hearing, petitioner was found guilty of violating a prison disciplinary rule. Upon administrative appeal, the determination was affirmed and petitioner subsequently commenced this CPLR article 78 proceeding. Supreme Court granted respondent’s motion to dismiss the proceeding as untimely commenced and this appeal ensued.

Our review of the…