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MATTER OF RICHARDS v. KUHLMANN

241 A.D.2d 577 (1997)

660 N.Y.S.2d 1016

In the Matter of Justo Richards, Appellant, v. Robert Kuhlmann, as Superintendent of Sullivan Correctional Facility, Respondent

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

July 3, 1997

While an inmate at Sullivan Correctional Facility in Sullivan County, petitioner was found guilty after a disciplinary hearing of violating a prison disciplinary rule prohibiting inmates from harassing employees. Thereafter, he commenced this proceeding pursuant to CPLR article 78 challenging the administrative determination. Instead of serving an answer to the petition, respondent made a motion to dismiss it. Supreme Court granted...

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