in Matter of Daniel Mercado v. Goord

Appeal from a judgment of the Supreme Court (Benza, J), entered August 12, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the proceeding as time-barred.

Petitioner commenced this CPLR article 78 proceeding challenging a determination that petitioner’s brother, who is also a state prison inmate, not be removed from petitioner’s separation list. Respondents moved to dismiss the proceeding as barred by the statute of limitations based on the belief that petitioner was challenging his transfer to another facility in 1993. Supreme…