MATTER OF SHELL, JR. v. McCRAY


261 A.D.2d 664 (1999)

690 N.Y.S.2d 305

In the Matter of HAROLD J. SHELL, JR., Appellant, v. FRANK McCRAY, as Superintendent of Attica Correctional Facility, et al., Respondents.

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

Decided May 6, 1999.


Following a tier III hearing, petitioner was found guilty of violating certain prison disciplinary rules. Upon petitioner's administrative appeal, he was informed by decision dated June 19, 1997, that the charges were affirmed with a modification as to penalty. He subsequently commenced this CPLR article 78 proceeding. Respondents, however, moved to dismiss the petition on the ground that the proceeding was time barred. Supreme Court granted the motion and we affirm.

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