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MATTER OF LASHWAY v. BROWN

278 A.D.2d 639 (2000)

717 N.Y.S.2d 700

In the Matter of STEVEN LASHWAY, Appellant, v. WILLIAM D. BROWN, as Superintendent of Sullivan Correctional Facility, et al., Respondents.

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

Decided December 14, 2000.

Petitioner commenced this CPLR article 78 proceeding challenging a determination which found him guilty of violating the prison disciplinary rule prohibiting violent conduct. Supreme Court dismissed the petition and we affirm. Petitioner's sole contention that his disciplinary hearing was untimely (see, 7 NYCRR 251-5.1 [a]) is unpersuasive. Initially, the hearing was not required to be commenced within seven days of petitioner's confinement for mental health observation...

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