Warburton v. Department of Correctional Services

—Appeal from a judgment of the Supreme Court (Harris, J.), entered January 24, 1997 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as untimely.

On October 10, 1996, petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging the May 13, 1996* denial of his application to participate in a temporary work release program. Supreme Court dismissed the petition on the ground that the CPLR article 78 proceeding had not been commenced within four months from the date of the administrative determination and was therefore untimely.…