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MATTER OF GRANT v. SENKOWSKI

95 N.Y.2d 605 (2001)

744 N.E.2d 132

721 N.Y.S.2d 597

In the Matter of JASON GRANT, Appellant, v. DANIEL SENKOWSKI, as Superintendent of Clinton Correctional Facility, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 13, 2001.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, Ithaca (Brendan O'Donnell, Tom Terrizzi and Joshua Elman of counsel), and New York State Defenders Association, Albany (Alfred O'Connor of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Marcus J. Mastracco, Preeta D. Bansal, Daniel Smirlock and Peter G. Crary of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY and ROSENBLATT concur; Judge GRAFFEO taking no part.

OPINION OF THE COURT

LEVINE, J.

Petitioner, while an inmate at the Coxsackie Correctional Facility, brought this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule prohibiting the possession of a weapon. The sole issue on appeal is whether petitioner timely complied with CPLR 304's commencement-by-filing requirements when he delivered a proposed...

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