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MATTER OF THOMPSON v. SELSKY

283 A.D.2d 752 (2001)

724 N.Y.S.2d 369

In the Matter of ROBERT D. THOMPSON, Appellant, v. DONALD SELSKY, as Director of Special Housing Unit/Inmate Disciplinary Programs, Department of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 10, 2001.

After receiving an administrative determination on February 21, 2000 which found him guilty of violating a prison disciplinary rule, petitioner commenced this CPLR article 78 proceeding. Supreme Court granted respondent's motion to dismiss the petition as barred by the Statute of Limitations because the executed order to show cause and petition were not filed in the Albany County Clerk's office until June 26, 2000.

Given the recent decision in Matter of Grant v...

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