State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: November 5, 2015 520196
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In the Matter of JEROME
NISBETT,
Appellant,
v MEMORANDUM AND ORDER
ALBERT PRACK, as Director of
Special Housing and Inmate
Disciplinary Programs,
Respondent.
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Calendar Date: September 22, 2015
Before: Peters, P.J., Garry, Egan Jr. and Clark, JJ.
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Jerome Nisbett, Woodbourne, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J.
Mastracco of counsel), for respondent.
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Appeal from a judgment of the Supreme Court (Cahill, J.),
entered November 26, 2014 in Ulster County, which, in a
proceeding pursuant to CPLR article 78, granted respondent's
motion to dismiss the petition.
Petitioner commenced this CPLR article 78 proceeding
challenging a prison disciplinary determination. Respondent
moved to dismiss the petition on the ground that the proceeding
was not commenced within the four-month statute of limitations
pursuant to CPLR 217 (1). Supreme Court granted the motion and
petitioner now appeals.
We affirm. Petitioner acknowledges that he was notified on
April 11, 2014 that the determination had been administratively
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affirmed. The record establishes that the petition was not filed
until September 4, 2014. Given that the instant proceeding was
not commenced within the applicable four-month statute of
limitations (see CPLR 217 [1]), Supreme Court properly dismissed
the petition as time-barred (see Matter of Stevenson v Prack, 120
AD3d 1465, 1466 [2014]).
Peters, P.J., Garry, Egan Jr. and Clark, JJ., concur.
ORDERED that the judgment is affirmed, without costs.
ENTER:
Robert D. Mayberger
Clerk of the Court