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People ex Rel. Torres v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1989
154 A.D.2d 725 (N.Y. App. Div. 1989)

Opinion

October 30, 1989

Appeal from the Supreme Court, Dutchess County (Stolarik, J.).


Ordered that the order and judgment is affirmed, without costs or disbursements.

It is well established that a writ of habeas corpus is not the correct vehicle for reviewing the legality of a prisoner's confinement following a Superintendent's disciplinary proceeding (see, People ex rel. Dawson v Smith, 69 N.Y.2d 689). Accordingly, while we ordinarily would convert this proceeding to one brought pursuant to CPLR article 78 (see, CPLR 103 [c]; People ex rel. Brown v New York State Div. of Parole, 70 N.Y.2d 391; People ex rel. Dawson v Smith, supra), since the application was made some six months after the disciplinary determination, it is time barred by the four-month Statute of Limitations under CPLR 217 (see, People ex rel. Dawson v Smith, supra; see also, Gertler v Goodgold, 107 A.D.2d 481, 487, affd 66 N.Y.2d 946; Matter of Watson v LeFevre, 108 A.D.2d 1067) and such a conversion would be meaningless. In any event, the record supports the conclusion that the petitioner was disciplined under the duly filed applicable State-wide rules then in effect (see, Matter of Walker v Coughlin, 141 A.D.2d 734). Spatt, J.P., Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

People ex Rel. Torres v. Scully

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1989
154 A.D.2d 725 (N.Y. App. Div. 1989)
Case details for

People ex Rel. Torres v. Scully

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDDIE TORRES, Appellant, v…

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

Date published: Oct 30, 1989

Citations

154 A.D.2d 725 (N.Y. App. Div. 1989)