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MATTER OF JAMES v. GOORD

281 A.D.2d 825 (2001)

722 N.Y.S.2d 609

In the Matter of CHRIS JAMES, Appellant, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.

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

Decided March 22, 2001.

Peters, J.

Following a tier III hearing, petitioner was found guilty of violating certain prison disciplinary rules. Upon petitioner's receipt of the administrative affirmance of such determination on April 6, 1999, a CPLR article 78 proceeding was commenced. Respondents successfully moved to dismiss the proceeding on timeliness grounds, prompting this appeal.

Petitioner's receipt of the administrative determination on April 6, 1999 rendered it final and binding...

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