DECISION, ORDER, JUDGMENT
ORDERED that the application for leave to prosecute the proceeding as a poor person is granted; and it is further ,
ORDERED that the cross motion to dismiss is granted; and it is further,
ADJUDGED that the petition is denied and the proceeding is dismissed, without costs or disbursements.
A proceeding pursuant to CPLR article 78 is not the appropriate method to seek review of issues that could be raised on direct appeal, and therefore, this proceeding must be dismissed (see,Matter of Tyler v. Forma, 231 A.D.2d 891 ; Matter of Sans v. Doyle, 175 A.D.2d 670 ). In any event, this proceeding is untimely (see,CPLR 217).