Caldarola v. Annucci

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Superintendent of Fishkill Correctional Facility dismissing petitioner’s administrative appeal as untimely.

Following a tier II disciplinary hearing, petitioner was found guilty of engaging in violent conduct, creating a disturbance and fighting, and a penalty was imposed. The determination was affirmed upon administrative appeal. Petitioner thereafter *1397commenced this CPLR article 78 proceeding, and Supreme Court transferred the matter to…