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MATTER OF CULTON, JR. v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

295 A.D.2d 977 (2002)

743 N.Y.S.2d 915

In the Matter of ARCHIE C. CULTON, JR., Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided June 14, 2002.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the CPLR article 78 petition as time-barred. Pursuant to CPLR 217 (1), a proceeding against a body or officer "must be commenced within four months after the determination to be reviewed becomes `final and binding upon the petitioner'" (Matter of Yarbough v Franco, 95 N.Y...

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