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MATTER OF PAYNE v. PRACK

516803.

117 A.D.3d 1251 (2014)

984 N.Y.S.2d 890

2014 NY Slip Op 3562

In the Matter of BERTRAM PAYNE, Appellant, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 15, 2014.

Petitioner was found guilty of violating various prison disciplinary rules following a tier III disciplinary hearing. That determination was affirmed on administrative appeal, which petitioner received on August 27, 2012. Petitioner thereafter commenced this CPLR article 78 proceeding in Supreme Court on January 22, 2013 challenging the determination. Supreme Court granted respondent's motion to dismiss the proceeding as untimely, and petitioner appeals.

We affirm...

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