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MATTER OF VENTURA v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

506982

68 A.D.3d 1406 (2009)

2009 NY Slip Op 9350

889 N.Y.S.2d 878

In the Matter of FREDDY VENTURA, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided December 17, 2009.

Petitioner, an inmate, commenced this proceeding by order to show cause issued on December 31, 2008, pursuant to which he was required to serve respondent and the Attorney General with the petition on or before January 16, 2009. Petitioner failed to serve the Attorney General until January 26, 2009 and respondent moved to dismiss the petition. Supreme Court granted the motion and claimant now appeals.

We affirm. "It is well settled that an inmate's failure to comply...

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