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MATTER OF CUPPUCCINO v. ANNUCCI

527608.

171 A.D.3d 1386 (2019)

98 N.Y.S.3d 359

2019 NY Slip Op 02941

In the Matter of Salvatore Cuppuccino, Appellant, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided April 18, 2019.

Following a tier III disciplinary hearing on December 8, 2016, petitioner was found guilty of violating four prison disciplinary rules and a penalty was imposed. In May 2018, petitioner commenced this CPLR article 78 proceeding seeking to expunge that determination. Respondent moved to dismiss the petition based upon, among other grounds, petitioner's failure to exhaust administrative remedies. Supreme Court granted respondent's motion and dismissed the petition, and this...

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