Petitioner commenced this CPLR article 78 proceeding to challenge a determination of respondent finding him guilty of violating certain prison disciplinary rules. Supreme Court granted respondent's pre-answer motion to dismiss the petition on the ground that petitioner failed to timely serve respondent in accordance with the order to show cause. Petitioner now appeals.
We reverse. The record reveals, and respondent now concedes, that petitioner had served his papers...
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