By determination dated May 20, 1998, petitioner was informed that his request for merit time eligibility was denied. Subsequently, by petition dated November 4, 1998, petitioner commenced this CPLR article 78 proceeding and Supreme Court issued an order to show cause, which was filed on December 17, 1998. Respondent thereafter moved to dismiss the proceeding as, inter alia, untimely.
Inasmuch as petitioner failed to commence the proceeding within the four-month...
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