Appellate Division of the Supreme Court of the State of New York April 9, 1998 (Stephens v. Strack)

—Appeal from a judgment of the Supreme Court (Bradley, J.), entered December 2, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.

In August 1995 petitioner, an inmate at Gouveneur Correctional Facility in St. Lawrence County, was removed from his program placement as a kitchen worker.