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MATTER OF DI ROSE v. COUGHLIN

221 A.D.2d 732 (1995)

633 N.Y.S.2d 808

In the Matter of Ricardo A. Di Rose, 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, Third Department.

November 9, 1995

Petitioner, a prison inmate, commenced the instant CPLR article 78 proceeding seeking the return of certain property that had been confiscated from his cell. Supreme Court dismissed the petition upon the ground of res judicata. In view of the fact that petitioner commenced a previous CPLR article 78 proceeding seeking the same relief, which we found was properly dismissed for untimeliness (see, Matter of Di Rose v New York State Dept. of Corrections, Inspector General...

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