We agree with Supreme Court that the petition should be dismissed. Petitioner seeks review of what he characterizes as retaliatory transfers within the prison system. The administrative review of the only transfers from which petitioner demanded relief through the grievance process was final as of April 24, 1991. This is also the date that respondents' refusal to grant petitioner a hearing upon his transfer from Ulster Correctional Facility in Ulster County became final. This proceeding was commenced in February 1992. Therefore, the four-month Statute of Limitations was clearly exceeded and the proceeding was untimely regardless of whether this proceeding is characterized as one for mandamus to review (see, Matter of Mellor v. Shepard, 191 A.D.2d 235; Matter of Edelman v. Axelrod, 111 A.D.2d 468) or mandamus to compel (see, Matter of Waterside Assocs. v. New York State Dept. of Envtl. Conservation, 72 N.Y.2d 1009).
Mikoll, J.P., Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.