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MATTER OF JOHNSON v. GOORD

288 A.D.2d 811 (2001)

733 N.Y.S.2d 766

In the Matter of DWAYNE JOHNSON, Petitioner, v. GLENN GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided November 29, 2001.

Mugglin, J.

Petitioner commenced this CPLR article 78 proceeding to review a determination which found him guilty of violating the prison disciplinary rule prohibiting the possession of authorized property in an unauthorized area. Respondent's answer included an objection in point of law which alleged that more than four months had elapsed between petitioner's receipt of notice of the determination and the commencement...

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