Petitioner commenced this CPLR article 78 proceeding challenging a determination that petitioner's brother, who is also a state prison inmate, not be removed from petitioner's separation list. Respondents moved to dismiss the proceeding as barred by the statute of limitations based on the belief that petitioner was challenging his transfer to another facility in 1993. Supreme Court granted the motion to dismiss and this appeal ensued. Respondents now withdraw their objection...
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