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MATTER OF ADAMS v. KELLY

143 A.D.2d 519 (1988)

In the Matter of Thomas Adams, Appellant, v. Walter J. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents

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

September 27, 1988

Judgment unanimously affirmed.

Memorandum:

Petitioner brought a CPLR article 78 petition challenging a disciplinary hearing held on February 28, 1985. Subsequently, he sought to amend the petition to substitute allegations concerning a separate disciplinary hearing held on February 15, 1985. Because the original petition did not give notice of the transaction to be proved pursuant to the amended pleading (CPLR 203 [e]), the challenge to the February 15th disciplinary...

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