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MATTER OF BALLARD v. YELICH

525974.

164 A.D.3d 1552 (2018)

81 N.Y.S.3d 769

2018 NY Slip Op 06161

In the Matter of Darnell Ballard, Appellant, v. Bruce S. Yelich, as Superintendent of Bare Hill Correctional Facility, Respondent.

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

Decided September 20, 2018.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Respondent moved to dismiss the petition for failure to exhaust administrative remedies, and Supreme Court granted the motion. Petitioner, in turn, submitted a pro se motion for reargument that he did not file with the Franklin County Clerk. Supreme Court returned the motion to petitioner for proper filing.

Petitioner...

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