MATTER OF RIVERA v. COUGHLIN


206 A.D.2d 589 (1994)

616 N.Y.S.2d 258

In the Matter of Jose Rivera, Appellant, v. Thomas A. Coughlin, III, as Commissioner of Correctional Services, et al., Respondents

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

July 7, 1994


Petitioner requested expungement of a determination which found him guilty of possessing a weapon. The request was denied and petitioner then commenced this proceeding for the same relief. Supreme Court granted respondents' motion to dismiss the proceeding as untimely. We affirm. Simply put, petitioner failed to commence this proceeding within four months of when the determination being challenged became final and binding upon him.

Ordered that the judgment is affirmed...

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