Merritt v. Coughlin

Appellate Division of the Supreme Court of New York

Merritt v. Coughlin

111 A.D.2d 394, 489 N.Y.S.2d 602, 1985 N.Y. App. Div. LEXIS 51483

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

DecidedMay 28, 1985

StatusPublished

This text of 111 A.D.2d 394 (Merritt v. Coughlin) 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

Merritt v. Coughlin, 111 A.D.2d 394, 489 N.Y.S.2d 602, 1985 N.Y. App. Div. LEXIS 51483 (N.Y. Ct. App. 1985).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Commissioner of the State Department of Correctional Services denying petitioner’s request, in effect, for the return of his missing papers, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.), entered May 2,1983, which, among other things, dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The determination petitioner sought to challenge was decided on May 6, 1982, while his petition pursuant to CPLR article 78 was commenced in November 1982. CPLR 217 provides for a four-month limitation period for commencement of article 78 proceedings unless a shorter term is authorized by law. Special Term was therefore correct in dismissing the proceeding as untimely. Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Commissioner of the State Department of Correctional Services denying petitioner’s request, in effect, for the return of his missing papers, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.), entered May 2,1983, which, among other things, dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The determination petitioner sought to challenge was decided on May 6, 1982, while his petition pursuant to CPLR article 78 was commenced in November 1982. CPLR 217 provides for a four-month limitation period for commencement of article 78 proceedings unless a shorter term is authorized by law. Special Term was therefore correct in dismissing the proceeding as untimely. Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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Bluebook (online)

111 A.D.2d 394, 489 N.Y.S.2d 602, 1985 N.Y. App. Div. LEXIS 51483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritt-v-coughlin-nyappdiv-1985.