Thompson v. Selsky

—Appeal from a judgment of the Supreme Court (Sise, J.), entered September 21, 2000 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time barred.

After receiving an administrative determination on February 21, 2000 which found him guilty of violating a prison disciplinary rule, petitioner commenced this CPLR article 78 proceeding. Supreme Court granted respondent’s motion to dismiss the petition as barred by the Statute of Limitations because the executed order to show cause and petition were not filed in the Albany…