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MATTER OF CIOCHENDA v. DEPARTMENT OF CORRECTIONAL SERVICES

504432

68 A.D.3d 1363 (2009)

2009 NY Slip Op 9325

892 N.Y.S.2d 569

In the Matter of IOAN CIOCHENDA, Appellant, v. DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided December 17, 2009.

The Commissioner of Correctional Services issued a determination finding petitioner guilty of violating two prison disciplinary rules. Petitioner, in turn, commenced this CPLR article 78 proceeding. Supreme Court (Egan, J.) signed an order to show cause directing petitioner to serve it, the petition, exhibits and supporting affidavits upon respondent and the Attorney General on or before January 4, 2008. Respondent moved to dismiss the petition on the ground, among others...

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