MATTER OF GATHERS v. ARTUS


59 A.D.3d 795 (2009)

873 N.Y.S.2d 753

In the Matter of WILLIE GATHERS, Petitioner, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided February 11, 2009.


Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul three separate tier II disciplinary determinations, rendered in July 2007, September 2007 and October 2007, which found him guilty of violating numerous prison disciplinary rules.

Initially, with respect to the July 2007 determination, petitioner's challenge thereto is untimely given that he failed to commence this proceeding until after the applicable four-month statute of limitations...

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