MATTER OF HARVEY v. BRADT

511122.

91 A.D.3d 1222 (2012)

936 N.Y.S.2d 920

2012 NY Slip Op 434

In the Matter of MIGUEL HARVEY, Appellant, v. MARK BRADT, as Superintendent of Elmira Correctional Facility, et al., Respondents.

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

Decided January 26, 2012.


Petitioner was found guilty, following a tier III disciplinary hearing, of violating various prison disciplinary rules, and this determination was later affirmed on administrative appeal. A copy of the adverse administrative determination was delivered to petitioner at his cell on April 9, 2009. On August 11, 2009, he commenced this CPLR article 78 proceeding challenging it. In their answer, respondents raised as an objection in point of law that the proceeding was not timely...

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