MATTER OF RAMIREZ v. SCULLY


204 A.D.2d 459 (1994)

614 N.Y.S.2d 188

In the Matter of Santiago Ramirez, Appellant, v. Charles J. Scully, as Superintendent of Green Haven Correctional Facility, Respondent

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

May 9, 1994


Ordered that the judgment is affirmed, without cost or disbursements.

The filing of an order to show cause with the Clerk of the Supreme Court in January 1992, did not commence the instant proceeding (see, CPLR former 304). The proceeding was commenced by service of the order to show cause and petition upon the respondent in February 1992, more than four months after the determination under review. Therefore, the proceeding is time-barred (see, Matter...

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