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MATTER OF SHIELDS v. PRACK

519865

131 A.D.3d 748 (2015)

13 N.Y.S.3d 916

2015 NY Slip Op 06462

In the Matter of ERIC J. SHIELDS, 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 August 6, 2015.

Petitioner commenced this CPLR article 78 challenging two prison disciplinary determinations. Respondent moved to dismiss the petition on the ground that the proceeding was not commenced within the four-month statute of limitations provided in CPLR 217 (1). Supreme Court granted the motion and petitioner now appeals.

We affirm. Petitioner received notification that the challenged disciplinary determinations had been administratively affirmed on February 15, 2013 and...

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