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MATTER OF JACKSON v. FISCHER

504274.

67 A.D.3d 1207 (2009)

890 N.Y.S.2d 144

2009 NY Slip Op 08526

In the Matter of CARL JACKSON, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 19, 2009.

Following a tier III disciplinary hearing, petitioner was found guilty of creating a disturbance, unhygienic acts, interference with an employee and destruction of state property. That determination was upheld upon administrative review and, thereafter, petitioner commenced this CPLR article 78 proceeding. Supreme Court dismissed the petition on the ground that it was untimely, prompting this appeal. We now affirm on different...

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