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Di Rose v. New York State Department of Corrections

Appellate Division of the Supreme Court of New York, Third Department
Nov 9, 1995
221 A.D.2d 736 (N.Y. App. Div. 1995)

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.


Summaries of

Di Rose v. New York State Department of Corrections

Appellate Division of the Supreme Court of New York, Third Department
Nov 9, 1995
221 A.D.2d 736 (N.Y. App. Div. 1995)
Case details for

Di Rose v. New York State Department of Corrections

Case Details

Full title:In the Matter of RICARDO A. DI ROSE, Appellant, v. NEW YORK STATE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 9, 1995

Citations

221 A.D.2d 736 (N.Y. App. Div. 1995)
633 N.Y.S.2d 1020

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