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MATTER OF CEPEDA v. GOORD

295 A.D.2d 838 (2002)

743 N.Y.S.2d 905

In the Matter of RAMON CEPEDA, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided June 27, 2002.

Spain, J.

Petitioner commenced this CPLR article 78 proceeding challenging an April 11, 2000 determination finding him guilty of violating a prison disciplinary rule prohibiting inmates from refusing an order. Supreme Court granted respondent's motion to dismiss the petition as barred by the statute of limitations. This appeal ensued. In light of the Court of Appeals' decision in Matter of Grant v Senkowski (95 N.Y.2d 605

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