Petitioner, a prison inmate, initiated this CPLR article 78 proceeding challenging four separate disciplinary determinations rendered against him. However, inasmuch as the controlling four-month statute of limitations (see CPLR 217 [1]) had long since expired with respect to each of the final determinations by the time that petitioner commenced this proceeding, Supreme Court properly dismissed the petition as untimely (see Matter of Morales v Selsky,
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MATTER OF SMITH v. GOORD
42 A.D.3d 839 (2007)
838 N.Y.S.2d 922
In the Matter of PRESTON A. SMITH, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
Decided July 26, 2007.
Decided July 26, 2007.
Appellate Division of the Supreme Court of the State of New York, Third Department.
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