Petitioner was charged in a misbehavior report with possessing a weapon and was found guilty of the charge in a disposition rendered October 9, 2009 following a tier III disciplinary hearing. Petitioner did not file an administrative appeal within 30 days of the date of the disposition, but made requests in December 2009 and January 2010 to file a late appeal. These requests were denied. He then commenced this CPLR article 78 proceeding challenging the prison disciplinary...
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