Ruffin v. Joy

Appeal from a judgment of the Supreme Court (Cobb, J.), entered August 6, 2001 in Greene County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time-barred.

Petitioner commenced this CPLR article 78 proceeding to challenge an amended determination, issued October 6, 2000, denying his request to participate in the temporary release program at the correctional facility in which he was incarcerated. Supreme Court granted respondent’s motion to dismiss the proceeding as barred by the four-month statute of limitations (see CPLR 217 [1]).…