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MATTER OF RODRIGUEZ v. FISCHER

517209.

117 A.D.3d 1298 (2014)

985 N.Y.S.2d 769

2014 NY Slip Op 3725

In the Matter of JOSE RODRIGUEZ, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided May 22, 2014.

Petitioner commenced this CPLR article 78 proceeding by order to show cause challenging disciplinary determinations finding him guilty of violating certain prison disciplinary rules. The order to show cause directed petitioner to serve the order, petition, exhibits and any supporting affidavits by ordinary first class mail upon respondents and the Attorney General on or before April 19, 2013. Petitioner thereafter failed to serve the papers upon respondent Commissioner of...

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