MIRANDA v. STATE

515414

113 A.D.3d 943 (2014)

978 N.Y.S.2d 463

2014 NY Slip Op 260

JAVIER MIRANDA, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided January 16, 2014.


Stein, J.

Appeal from an order of the Court of Claims (Bruening, J.), entered July 26, 2012, which granted defendant's motion to dismiss the claim.

Claimant, a prison inmate, was found guilty of violating a prison disciplinary rule and was subsequently confined to the special housing unit (hereinafter SHU) for 60 days. Upon his release from the SHU, claimant commenced a CPLR article 78 proceeding challenging the determination of guilt, which was thereafter...

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