New York Court of Appeals
Ivey Walton, Appellants v. New York State Department of Correctional Services, Respondents
February 20, 20078 N.Y.3d 186
Summary
The Court of Appeals held that the petitioners' constitutional claims challenging the DOCS-MCI commission structure were timely because the applicable four‑month statute of limitations for an article 78 action began when the Public Service Commission issued its October 30, 2003 order, making the agency determination final and binding. Accordingly, the Court reinstated the constitutional claims, modified the Appellate Division’s order, and remanded for further proceedings.