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MATTER OF MERRITT v. COUGHLIN

111 A.D.2d 394 (1985)

In the Matter of Ernest Merritt, Appellant, v. Thomas A. Coughlin III, as Commissioner of The New York State Department of Correctional Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 28, 1985

Judgment affirmed, without costs or disbursements.

The determination petitioner sought to challenge was decided on May 6, 1982, while his petition pursuant to CPLR article 78 was commenced in November 1982. CPLR 217 provides for a four-month limitation period for commencement of article 78 proceedings unless a shorter term is authorized by law. Special Term was therefore correct in dismissing the proceeding...

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