Yesawich Jr., J.
By administrative determination affirmed by respondent on September 1, 1997, petitioner, an inmate, was found guilty of disobeying a direct order in violation of a prison disciplinary rule. Petitioner's ensuing CPLR article 78 proceeding challenging that determination was dismissed by Supreme Court (Donohue, J.) on January 16, 1998 for failure to effect proper service. Thereafter, on February 6, 1998, petitioner commenced the instant CPLR article...
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