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 New York Court of Appeals held that the petitioners' constitutional claims were timely under CPLR article 78, with the four‑month limitations period beginning when the Public Service Commission issued its October 30, 2003 order, and reinstated those claims while dismissing the other causes of action. The court modified the Appellate Division's order and remanded for further proceedings. A dissent argued the claims were time‑barred, and a concurrence joined the majority.