Loper v. Selsky

Appeal from a judgment of the Supreme Court (Berke, J.), entered March 7, 2005 in Washington County, which, in a proceeding pursuant CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner, an inmate, was found guilty of violating numerous prison disciplinary rules by two separate determinations that were affirmed on administrative appeal on June 1, 2004 and June 14, 2004. Petitioner received notice of these determinations on June 2, 2004 and June 15, 2004, respectively. Petitioner thereafter attempted to commence this CPLR article 78 proceeding by filing a petition…