Harvey v. Bradt
Cases that cite this one
4 later published cases cite this decision.
- Matter of McCray v. Annucci (Appellate Division of the Supreme Court of New York 2022)
- Matter of Bookman v. Annucci (Appellate Division of the Supreme Court of New York 2016)
- Scott v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Scott v. Fischer (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We affirm. The proceeding was not commenced within four months of the date that petitioner received notice of the final and binding prison disciplinary determination (see CPLR 217 [1]; Matter of Spencer v New York State Dept. of Correctional Servs., 78 AD3d 1342, 1343 [2010]; Matter of Cunningham v Fischer, 57 AD3d 1142 [2008]). The last day of the four-month period, August 9, 2009, fell on a Sunday giving petitioner until the following day to commence a timely proceeding (see General Construction Law § 25-a [1]; Matter of Taylor v Dufrain, 278 AD2d 681, 682 [2000]). Since he did not, however, commence the proceeding until the day after that, the proceeding was untimely and Supreme Court properly dismissed the petition on that basis. Accordingly, we need not address the merits of petitioner’s claims.
Mercure, A.PJ., Lahtinen, Spain, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.