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MATTER OF BOOMER v. WALKER

242 A.D.2d 801 (1997)

661 N.Y.S.2d 884

In the Matter of Rodney Boomer, Appellant, v. Hans Walker as Superintendent of Auburn Correctional Facility, Respondent

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

September 11, 1997

Petitioner, a State prison inmate, commenced this CPLR article 78 proceeding challenging a November 8, 1995 determination finding him guilty of violating certain prison disciplinary rules. Respondent moved to dismiss the petition on the grounds that no personal jurisdiction had been acquired over him and the proceeding was not timely commenced. Supreme Court granted the motion and dismissed the proceeding as untimely. Petitioner appeals.

Initially, respondent concedes...

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