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MATTER OF ALI v. GOORD

15 A.D.3d 699 (2005)

788 N.Y.S.2d 736

In the Matter of RAMZAN ALI, 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.

February 3, 2005.

Petitioner commenced this CPLR article 78 proceeding challenging an administrative determination dated November 12, 2002 and received by petitioner on November 13, 2002, which found him guilty of violating a prison disciplinary rule. Respondent moved to dismiss the proceeding as time-barred. Finding that petitioner failed to establish that he timely commenced the proceeding by filing the petition within the four-month limitations period (see CPLR 217 [1]; 304), Supreme...

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