MATTER OF DeFILIPPO v. FISCHER

511097.

85 A.D.3d 1421 (2011)

924 N.Y.S.2d 860

2011 NY Slip Op 5158

In the Matter of GARY DeFILIPPO, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided June 16, 2011.


Petitioner sought to commence a CPLR article 78 proceeding challenging a prison disciplinary determination. The order to show cause signed by Supreme Court directed petitioner to serve it, together with the petition and accompanying exhibits, upon each named respondent and the Attorney General on or before June 11, 2010. It further directed petitioner to submit proof of service of his papers on the parties to the court prior to the return date. Respondents moved to dismiss...

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