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MATTER OF VERGES v. SABOURIN

298 A.D.2d 802 (2002)

748 N.Y.S.2d 710

In the Matter of ANGEL VERGES, Appellant, v. JOHN SABOURIN, as Superintendent of Bare Hill Correctional Facility, et al., Respondents.

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

Decided October 31, 2002.

Petitioner commenced this CPLR article 78 proceeding challenging a June 15, 2001 administrative determination affirming a finding that he violated a prison disciplinary rule. Supreme Court granted respondents' motion to dismiss the proceeding as barred by the statute of limitations. This appeal ensued.

We affirm. The four-month statute of limitations period begins to run when petitioner is notified of respondent's determination (see Matter of Bogle v Mann,...

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