MATTER OF HOWARD v. KELLY


117 A.D.2d 1002 (1986)

In the Matter of Clifford Howard, Respondent, v. Walter Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants

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

February 21, 1986


Judgment unanimously reversed, on the law, and petition dismissed.

Memorandum:

Petitioner waived his right to challenge respondents' decision by failing to attend the disciplinary hearing held November 23, 1984 at the Ossining Correctional Facility (Matter of Payne v Smith, 97 A.D.2d 960; see also, Matter of Morrison v Coughlin, 101 A.D.2d 943, 944, lv denied

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