MATTER OF HYATT v. ANNUCCI

519618.

134 A.D.3d 1360 (2015)

21 N.Y.S.3d 651

2015 NY Slip Op 09574

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 multiple disciplinary rule violations and was found guilty of many of the charges following a combined tier III disciplinary hearing. His subsequent request to file a late administrative appeal was denied. Thereafter, he commenced this CPLR article 78 proceeding seeking to challenge the disciplinary determination. Respondent moved to dismiss the petition for failure to exhaust administrative remedies. Supreme Court granted...

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