—[*1] Gregory Chrysler, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered May 2, 2006 in a proceeding pursuant to CPLR article 78. The judgment granted respondent's motion and dismissed the petition.

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: 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 NY2d 832, 834 [1983]), 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 AD2d 1044, 1044-1045 [1993]). Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.