Matter of Warburton v. Dept., Corr. Ser

1 Citing case

  1. Perry v. Woods

    CV-07-0341 (BMC) (E.D.N.Y. Oct. 4, 2007)   Cited 1 times

    The state courts strictly and regularly apply the four-month limitation provision of Article 78 to proceedings seeking restoration of good time. See,e.g., Warburton v. Department of Correctional Services, 254 A.D.2d 659, 660, 680 N.Y.S.2d 26, 27 (3d Dep't 1998); Miranda, 511 N.Y.S.2d at 982. He could not avoid that by mislabeling his proceeding as an Article 70.