Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Respondent moved to dismiss the petition on the ground that petitioner failed to timely serve respondent and the Attorney General in accordance with the order to show cause. Supreme Court granted the motion to dismiss the petition and this appeal ensued.
Respondent now withdraws his objection to the timeliness of service...
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