Ardale v. Keane

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered November 28, 2000 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as time barred.

Petitioner commenced this CPLR article 78 proceeding challenging a December 21, 1999 determination finding him guilty of violating various prison disciplinary rules. Supreme Court granted respondents’ motion to dismiss the petition as barred by the Statute of Limitations. This appeal ensued. In light of the Court of Appeals’ decision in Matter of Grant v Senkowski (95 NY2d…