MATTER OF WHITE v. COUGHLIN


217 A.D.2d 729 (1995)

628 N.Y.S.2d 1019

In the Matter of Marjorie D. White, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

July 6, 1995


Petitioner challenges the denial of her request to participate in a temporary work release program from prison. However, inasmuch as petitioner received the administrative determination on October 21, 1993 but did not commence her CPLR article 78 proceeding until May 13, 1994, we find that Supreme Court properly dismissed the petition on the ground that it was not timely commenced within the four-month Statute of Limitations.

Ordered that the judgment is affirmed...

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