Following a modification of his program needs to reflect a need for him to participate in a substance abuse program, petitioner filed an administrative grievance which was finally decided by a Central Office Review Committee determination dated October 27, 2004. Petitioner commenced this CPLR article 78 proceeding challenging the determination on May 9, 2005. Supreme Court granted respondent's motion to dismiss the petition as time-barred and this appeal ensued.
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