| Matter of Brooks v Connolly |
| 2011 NY Slip Op 04139 [84 AD3d 1612] |
| May 19, 2011 |
| Appellate Division, Third Department |
| In the Matter of David Brooks, Appellant, v William Connolly, asSuperintendent of Fishkill Correctional Facility, et al., Respondents. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Martin A. Hovet of counsel), forrespondents.
Appeal from a judgment of the Supreme Court (Devine, J.), entered May 10, 2010 in AlbanyCounty, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion todismiss the petition.
Petitioner, an inmate currently housed at Gowanda Correctional Facility in CattaraugusCounty, commenced this CPLR article 78 proceeding to challenge, among other things, histransfer from Fishkill Correctional Facility in Dutchess County, asserting that the transfer was inretaliation for exercising his constitutional rights. Respondents moved pursuant to CPLR 3211(a) to dismiss the petition on the ground that, among other things, petitioner failed to exhaust hisadministrative remedies. Supreme Court granted the motion and dismissed the petition andpetitioner now appeals.
Petitioner's appeal must be dismissed as untimely. The statutory requirements setting forththe time in which to bring an appeal are jurisdictional in nature and must be strictly adhered to(see CPLR 5513 [a]; Matter ofHannig v McCoy, 4 AD3d 685, 686 [2004]; Matter of Gaines v Coughlin, 236AD2d 648, 649 [1997]). Here, the judgment of Supreme Court, entered May 10, 2010, wasserved on petitioner via first class mail sent June 2, 2010. As a result, petitioner's [*2]undated notice of appeal, filed August 5, 2010, was untimely andthe appeal must be dismissed (see CPLR 2103 [b] [2]; Matter of Hannig vMcCoy, 4 AD3d at 686).
Mercure, J.P., Spain, Malone Jr., McCarthy and Egan Jr., JJ., concur. Ordered that the appealis dismissed, without costs.