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MATTER OF JOHNSON v. SMITH

509291.

80 A.D.3d 931 (2011)

913 N.Y.S.2d 924

In the Matter of SHELDON P. JOHNSON, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided January 13, 2011.

CARDONA, P.J.

Petitioner commenced this CPLR article 78 proceeding challenging the denial of a grievance he filed with respect to an alleged error in the calculation of his sentence. Respondent moved to dismiss the petition for lack of personal jurisdiction, and Supreme Court granted the motion. Petitioner appeals.

Petitioner did not serve a notice of appeal on the Attorney General within 35 days after the Attorney...

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