Mejia v. Scully

— In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent dated December 21, 1988, confirming a Tier III disciplinary determination by a Hearing Officer at Green Haven Correctional Facility finding that the petitioner used a controlled substance, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Benson, J.), dated July 10, 1989, which dismissed the proceeding as time barred.

*661Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner concedes that this proceeding was brought more than four months…