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MATTER OF EDWARDS v. COUGHLIN

191 A.D.2d 1044 (1993)

595 N.Y.S.2d 158

In the Matter of Philip Edwards, Appellant, v. Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents

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

March 12, 1993

Judgment unanimously reversed on the law, motion denied and petition reinstated. Memorandum: Supreme Court erred in granting respondents' motion to dismiss the petition on the ground that it is barred by the applicable four-month Statute of Limitations (see, CPLR 217, 3211 [a] [5]). Respondents bore the burden of establishing "the affirmative defense by prima facie proof that the Statute of Limitations had elapsed" (

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