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MATTER OF SPAULDING v. GOORD

15 A.D.3d 768 (2005)

789 N.Y.S.2d 758

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

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

February 10, 2005.

Peters, J.

While an inmate at Southport Correctional Facility in Chemung County, petitioner commenced a CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules after the transcript of the hearing could not be produced. By judgment entered August 15, 2003, Supreme Court remitted the matter for a rehearing, but did not set forth a particular time frame within which it was to be commenced. The judgment...

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