MATTER OF MORALES v. SELSKY


288 A.D.2d 805 (2001)

733 N.Y.S.2d 760

In the Matter of WILFREDO MORALES, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Program for the New York State Department of Correctional Services, Respondent.

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

Decided November 29, 2001.


Following a tier III disciplinary hearing, petitioner was found guilty of violating a prison disciplinary rule. Upon administrative appeal, the determination was affirmed and petitioner subsequently commenced this CPLR article 78 proceeding. Supreme Court granted respondent's motion to dismiss the proceeding as untimely commenced and this appeal ensued.

Our review of the record indicates that petitioner received notice of the adverse administrative determination on...

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