MATTER OF LYNCH v. GOORD


283 A.D.2d 746 (2001)

724 N.Y.S.2d 367

In the Matter of DANIEL LYNCH, Appellant, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided May 10, 2001.


Petitioner commenced this proceeding challenging a determination withholding one year of good-time credit based upon a tier III disciplinary hearing. Supreme Court granted respondent's motion to dismiss the proceeding as untimely commenced (see, CPLR 217 [1]) and this appeal ensued. Our review of the record reveals that petitioner's proposed order to show cause and supporting papers were not received by the clerk of the court until after the four-month Statute of Limitations...

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