Judgment affirmed, without costs or disbursements.
Based upon this record, Special Term could readily find the petitioner's claims regarding the institution of a timely administrative appeal to the Superintendent of the Fishkill Correctional Facility pursuant to 7 NYCRR 253.8 to be incredible. Specifically, the petitioner admitted that a correction officer gave him an appeal form after the close of his Tier II disciplinary hearing, which he completed, but testified...
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