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IN THE MATTER OF NELSON v. FISCHER

3018.

2011 NY Slip Op 32991 (U)

In The Matter of OMAR NELSON, Petitioner, v. BRIAN FISCHER, Respondents. For A Judgment Pursuant to Article 78 of the Civil Practice Law and Rules.

Supreme Court, Albany County.

November 9, 2011.

Attorney(s) appearing for the Case

Omar Nelson , Inmate No. 03-B-0437, Petitioner, Pro Se, Collins Correctional Facility, P.O. Box 490, Collins, NY 14034-0490.

Eric T. Schneiderman , Attorney General, State of New York, Attorney For Respondent, The Capitol, Albany, New York 12224. ( Cathy Y. Sheehan , Assistant Attorney General of Counsel).

DECISION/ORDER/JUDGMENT

GEORGE B. CERESIA Jr., Judge:

The petitioner, an inmate at Collins Correctional Facility, has commenced the instant CPLR Article 78 proceeding to review the computation of his sentence. With respect to a threshold issue, the petitioner maintains that respondent's answer, served on August 1, 2011, was untimely. The Court observes that under CPLR 7804 (c) answering papers must be served at least five days before the return date. The...

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