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MATTER OF KEARSE v. COUGHLIN

151 A.D.2d 760 (1989)

In the Matter of Francis Kearse, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

June 26, 1989

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court that the issue raised in the instant CPLR article 78 proceeding was decided against the petitioner by a 1969 order denying the petitioner's application to compel compliance with a resentence order dated November 3, 1967, from which the petitioner did not appeal. Having failed to appeal, the petitioner cannot obtain review of the 1969 order by initiating a CPLR article...

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