Dawes v. Selsky

Appellate Division of the Supreme Court of New York

Dawes v. Selsky

203 A.D.2d 845, 612 N.Y.S.2d 968, 1994 N.Y. App. Div. LEXIS 4451

Procedural entryThis page is a short order in Dawes v. Selsky. Read the opinion of the Court — 233 A.D.2d 598 →

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1994·Published

Opinion

—Appeal from a judgment of the Supreme Court (Hughes, J.), entered November 8, 1993 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time barred.

By this proceeding, petitioner challenges a determination, dated January 22, 1992, affirming on administrative appeal a finding that he was guilty of violating certain prison disciplinary rules. Petitioner admits that the order to show cause and petition were not served on respondent until June 22 or 24, [846]*8461992, at which time the proceeding commenced. On the evidence presented, we find that Supreme Court properly granted respondent’s motion to dismiss the proceeding as time barred. Any remaining contentions advanced by respondent have been considered and found lacking in merit.

Mikoll, J. P., Mercure, Crew III, Weiss and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Hughes, J.), entered November 8, 1993 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time barred.

By this proceeding, petitioner challenges a determination, dated January 22, 1992, affirming on administrative appeal a finding that he was guilty of violating certain prison disciplinary rules. Petitioner admits that the order to show cause and petition were not served on respondent until June 22 or 24, [846]*8461992, at which time the proceeding commenced. On the evidence presented, we find that Supreme Court properly granted respondent’s motion to dismiss the proceeding as time barred. Any remaining contentions advanced by respondent have been considered and found lacking in merit.

Mikoll, J. P., Mercure, Crew III, Weiss and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

Dawes v. Selsky, 203 A.D.2d 845, 612 N.Y.S.2d 968, 1994 N.Y. App. Div. LEXIS 4451 (N.Y. Ct. App. 1994).

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