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IN THE MATTER OF SITAL v. FISCHER

508325.

2010 NY Slip Op 06327

IN THE MATTER OF FRANS SITAL, Appellant, v. BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONAL SERVICES, ET AL., Respondents.

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

Decided August 5, 2010.

Attorney(s) appearing for the Case

Frans Sital, Pine City, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondents.

Before: Peters, J.P., Lahtinen, Stein and McCarthy, JJ.

MEMORANDUM AND ORDER

Petitioner commenced this CPLR article 78 proceeding to challenge a determination of respondent Commissioner of Correctional Services finding him guilty of violating certain prison disciplinary rules, as well as to challenge the denial of his October 2, 2008 grievance by the Central Office Review Committee. Supreme Court granted respondents' preanswer motion to dismiss the petition on the ground that petitioner failed to timely serve respondents...

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