Loper v. Selsky

Appeal from a judgment of the Supreme Court (Berke, J.), entered December 9, 2004 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time-barred.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was found guilty of violating various prison disciplinary rules. On November 5, 2003, petitioner received formal notification that the determination against him had been affirmed upon administrative appeal. Petitioner attempted to challenge the determination by filing a petition on March 3,…