IN RE: Gregory CHRYSLER (2008)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: Gregory CHRYSLER, Petitioner-Appellant, v. Glenn S. GOORD, Commissioner, New York State Department of Correctional Services, Respondent-Respondent.

Decided: March 21, 2008

PRESENT: HURLBUTT, J.P., LUNN, FAHEY, PERADOTTO, AND PINE, JJ.

Gregory Chrysler, Petitioner-Appellant pro se. Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of Counsel), for Respondent-Respondent.

Supreme Court erred in granting respondent's motion to dismiss the CPLR article 78 petition as time-barred (see CPLR 3211[a] [5] ). The applicable four-month statute of limitations pursuant to CPLR 217 did not begin to run until petitioner “received notice of the ․ determination” (Matter of Biondo v. New York State Bd. of Parole, 60 N.Y.2d 832, 834, 470 N.Y.S.2d 130, 458 N.E.2d 371), and respondent failed to meet his burden of establishing that petitioner received such notice more than four months before commencing this proceeding (see Matter of Edwards v. Coughlin, 191 A.D.2d 1044, 1044-1045, 595 N.Y.S.2d 158).

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated and respondent is granted 20 days from service of the order of this Court with notice of entry to serve and file an answer.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network