MATTER OF MORILLO v. SELSKY


309 A.D.2d 998 (2003)

766 N.Y.S.2d 151

In the Matter of the Claim of CESAR MORILLO, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided October 23, 2003.


Petitioner commenced this CPLR article 78 proceeding challenging an administrative determination dated December 3, 2001 finding him guilty of violating certain prison disciplinary rules. Supreme Court granted respondent's subsequent motion to dismiss the petition as barred by the statute of limitations because the petition was not received until May 15, 2002. This appeal by petitioner ensued.

Petitioner asserts that he mailed the original petition and supporting papers...

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