Gayle v. Lewis

—Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 23, 1994 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.

Petitioner was convicted upon his plea of guilty of criminal sale of a controlled substance in the second degree and sentenced on June 18, 1991 to a term of imprisonment of six years to life. Petitioner subsequently initiated this CPLR article 78 proceeding in January 1994, requesting that Supreme Court direct the Ulster County Probation Officer who authored the presentence report…