Cepeda v. Goord

Appeal from a judgment of the Supreme Court (Aulisi, J.), entered September 12, 2000 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time barred.

Petitioner commenced this CPLR article 78 proceeding challenging an April 11, 2000 determination finding him guilty of violating a prison disciplinary rule prohibiting inmates from refusing an order. Supreme Court granted respondent’s motion to dismiss the petition as barred by the statute of limitations. This appeal ensued. In light of the Court of Appeals’ decision in…