MATTER OF RICHARD v. POOLE

507236.

73 A.D.3d 1299 (2010)

899 N.Y.S.2d 910

In the Matter of JOHN RICHARD, Appellant, v. THOMAS POOLE, as Superintendent of Five Points Correctional Facility, et al., Respondents.

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

Decided May 13, 2010.


Petitioner, a prison inmate, was charged in two misbehavior reports with violating the prison disciplinary rule requiring that he accept program assignments. He was thereafter found guilty as charged, and those determinations were administratively affirmed. Petitioner then commenced this CPLR article 78 proceeding which, upon respondents' motion, Supreme Court dismissed as time-barred. Petitioner appeals and we affirm.

Even if, as petitioner claims, the four-month...

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