Self v. Bezio

Appeal from a judgment of the Supreme Court (Lynch, J.), entered September 22, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner was charged in a misbehavior report with possessing a weapon and was found guilty of the charge in a disposition rendered October 9, 2009 following a tier III disciplinary hearing. Petitioner did not file an administrative appeal within 30 days of the date of the disposition, but made requests in December 2009 and January 2010 to file a late appeal. These requests were denied. He…