MATTER OF DiSTEFANO v. ANNUCCI

1120 TP 18-00969.

166 A.D.3d 1570 (2018)

85 N.Y.S.3d 919

2018 NY Slip Op 07864

In the Matter of Merrin DiStefano, Petitioner, v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided November 16, 2018.


It is hereby ordered that the determinations are unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul a series of five determinations, after tier II and tier III hearings, that she violated several inmate rules arising from several incidents. The record establishes that this proceeding was untimely inasmuch as it was commenced...

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