Richard v. Poole

Appeal from a judgment of the Supreme Court (Sackett, J.), entered November 17, 2008 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner, a prison inmate, was charged in two misbehavior reports with violating the prison disciplinary rule requiring that he accept program assignments. He was thereafter found guilty as charged, and those determinations were administratively affirmed. Petitioner then commenced this CPLR article 78 proceeding which, upon respondents’ motion, Supreme Court dismissed as time-barred.…