Doggett v. Pre-Release Committee of Clinton Correctional Facility

Appellate Division of the Supreme Court of New York

Doggett v. Pre-Release Committee of Clinton Correctional Facility

251 A.D.2d 880, 673 N.Y.S.2d 947, 1998 N.Y. App. Div. LEXIS 7428

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 18, 1998

StatusPublished

This text of 251 A.D.2d 880 (Doggett v. Pre-Release Committee of Clinton Correctional Facility) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doggett v. Pre-Release Committee of Clinton Correctional Facility, 251 A.D.2d 880, 673 N.Y.S.2d 947, 1998 N.Y. App. Div. LEXIS 7428 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a judgment of the Supreme Court (Feldstein, J.), entered October 6, 1997 in Clinton County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as untimely.

Petitioner, a prison inmate convicted of the crime of assault in the first degree, commenced this CPLR article 78 proceeding challenging respondents’ denial of his application to participate in a temporary work release program. Supreme Court dismissed the proceeding as untimely. Inasmuch as this proceeding was not commenced until more than one year after the determination denying petitioner’s application became final, we find that the petition was properly dismissed (see, CPLR 217). Accordingly, Supreme Court’s judgment is affirmed.

Cardona, P. J., Mikoll, Crew III, White and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Feldstein, J.), entered October 6, 1997 in Clinton County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as untimely.

Petitioner, a prison inmate convicted of the crime of assault in the first degree, commenced this CPLR article 78 proceeding challenging respondents’ denial of his application to participate in a temporary work release program. Supreme Court dismissed the proceeding as untimely. Inasmuch as this proceeding was not commenced until more than one year after the determination denying petitioner’s application became final, we find that the petition was properly dismissed (see, CPLR 217). Accordingly, Supreme Court’s judgment is affirmed.

Cardona, P. J., Mikoll, Crew III, White and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

251 A.D.2d 880, 673 N.Y.S.2d 947, 1998 N.Y. App. Div. LEXIS 7428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doggett-v-pre-release-committee-of-clinton-correctional-facility-nyappdiv-1998.