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MATTER OF ARDALE v. KEANE

304 A.D.2d 991 (2003)

760 N.Y.S.2d 563

In the Matter of CHARLES ARDALE, Petitioner, v. JOHN KEANE, as Superintendent of Woodbourne Correctional Facility, et al., Respondents.

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

Decided April 17, 2003.

Spain, J.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating prison disciplinary rules prohibiting inmates from refusing to obey direct orders and from being "out of place." Supreme Court granted respondents' motion to dismiss the petition as time-barred, but we reversed and remitted the matter for further proceedings (289 A.D.2d 661 [2001]). Following joinder of issue...

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