Lott v. Goord

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered October 1, 2001 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion dismiss the petition as time barred.

Petitioner was found guilty of violating certain prison disciplinary rules. The determination was administratively affirmed on February 9, 2001. On May 25, 2001, petitioner attempted to commence this CPLR article 78 proceeding by submitting his papers to Supreme Court in Ulster County. The documents included a proposed order to show cause, verified petition and application for…