Opinion
November 9, 1995
Appeal from the Supreme Court, Albany County (Hughes, J.).
Petitioner, a prison inmate, filed a grievance as the result of an incident in which his cell was searched and certain property confiscated, and requested that the confiscated materials be returned. His grievance was denied and the materials in question were not returned, and this CPLR article 78 proceeding ensued. Inasmuch as this proceeding was not commenced within the statutory four-month time period set forth in CPLR 217 (1), we find that Supreme Court properly dismissed the petition as untimely.
Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.