MATTER OF HYATT v. ANNUCCI

519617.

134 A.D.3d 1359 (2015)

22 N.Y.S.3d 253

2015 NY Slip Op 09573

In the Matter of SHANE HYATT, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided December 24, 2015.


Petitioner was charged in two misbehavior reports with disciplinary rule violations arising from two separate incidents. Following a combined tier III disciplinary hearing, a determination was issued finding petitioner guilty of the charges contained in both reports. He sought to file a late administrative appeal, but his request was denied. Thereafter, petitioner commenced this CPLR article 78 proceeding challenging the disciplinary determination. Respondent moved to dismiss...

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