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IN THE MATTER OF CUNNINGHAM v. FISCHER

57 A.D.3d 1142 (2008)

868 N.Y.S.2d 555

In the Matter of DONOVAN CUNNINGHAM, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

December 11, 2008.

Petitioner, a prison inmate, was found guilty of violating certain prison disciplinary rules following an April 24, 2007 tier III disciplinary hearing. The Hearing Officer's decision was affirmed on administrative appeal on June 27, 2007 and petitioner received a copy of the administrative determination on June 28, 2007. He commenced this CPLR article 78 proceeding challenging the determination on November 13, 2007. Thereafter, respondents moved to dismiss the proceeding...

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