Spain, J.
Petitioner commenced this CPLR article 78 proceeding to challenge a determination which, after a tier II hearing, found him guilty of violating a prison disciplinary rule. Respondents argue that the proceeding is untimely. We agree.
Petitioner concedes in his petition that he received the denial of his administrative appeal on April 15, 1999. Inasmuch as August 15, 1999 was a Sunday, the last day for the commencement of this proceeding within the...
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