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MATTER OF DZIEDZIC v. KELLY

143 A.D.2d 537 (1988)

In the Matter of John Dziedzic, Appellant, v. Walter J. Kelly, as Superintendent of Attica Correctional Facility, Respondent

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

September 27, 1988

Judgment unanimously affirmed.

Memorandum:

Petitioner's primary argument on appeal is that his Tier III hearing was not commenced in a timely fashion. We find that since the seven-day period for commencing petitioner's hearing (7 NYCRR 251-5.1 [a]) ended on Veterans' Day, a public holiday, respondent's request for an extension of time and the commencement of the hearing on the next succeeding business day was timely (see, General Construction Law &...

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