MATTER OF SAMUELS v. SELSKY


289 A.D.2d 959 (2001)

738 N.Y.S.2d 261

In the Matter of ORLANDO SAMUELS, Petitioner, v. DONALD SELSKY, as Director of Special Housing/Inmate Disciplinary Programs, Respondent.

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

Decided December 21, 2001.


Petition unanimously dismissed without costs.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he violated various inmate rules, and Supreme Court transferred the proceeding to this Court pursuant to CPLR 7804 (g). The court erred in denying respondent's motion to dismiss the petition as time-barred. The final determination of petitioner's administrative appeal was issued on April 14, 2001, and the proceeding...

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