MATTER OF COVINGTON v. FISCHER

69 CA 12-02141.

125 A.D.3d 1320 (2015)

999 N.Y.S.2d 791

In the Matter of RONNIE COVINGTON, Appellant, v. BRIAN FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided February 6, 2015.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, and the petition is reinstated.

Memorandum: Supreme Court erred in granting respondent's motion to dismiss the CPLR article 78 petition as time-barred (see CPLR 3211 [a] [5]). The applicable four-month statute of limitations pursuant to CPLR 217 did not begin to run until petitioner "received notice of the final administrative determination...

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