Blanche v. Selsky

*682Appeal from a judgment of the Supreme Court (Sheridan, J.), entered September 9, 2003 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time-barred.

Following a tier III disciplinary hearing, petitioner was found guilty of violating certain prison disciplinary rules. On January 22, 2003, petitioner received notification that the determination had been affirmed upon administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging the determination. Supreme Court thereafter granted respondent’s…