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BERBERENA v. SCULLY

132 Misc.2d 901 (1986)

In the Matter of Jose Berberena, Petitioner, v. Charles J. Scully, as Superintendent of Green Haven Correctional Facility, et al., Respondents.

Supreme Court, Dutchess County.

July 7, 1986

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York for petitioner. Robert Abrams, Attorney-General, for respondents.

FRED A. DICKINSON, J.

This is a CPLR article 78 proceeding to set aside a decision from a Superintendent's hearing conducted on December 30, 1985.

Although this court finds most of the arguments submitted to be insufficient to warrant the relief requested, one ground does clearly exist in petitioner's favor — failure of respondent Coughlin to rule on petitioner's appeal in a timely fashion (7 NYCRR 254.8).

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