Judgment unanimously affirmed.
Memorandum:
In dismissing the CPLR article 78 petition seeking to annul three prison disciplinary determinations rendered 17 to 21 months before commencement of the proceeding, the court properly declined to give petitioner the benefit of the tolling provision of CPLR 208. The record establishes that petitioner was not mentally disabled within four months of the commencement of the proceeding (see, Barnes v County of...
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