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MATTER OF GREEN v. UHLER

523636.

152 A.D.3d 851 (2017)

2017 NY Slip Op 05491

54 N.Y.S.3d 887

In the Matter of SHAWN GREEN, Appellant, v. DONALD G. UHLER, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided July 6, 2017.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III prison disciplinary determination and other determinations denying various grievances that he had filed. The only respondent that he named in the petition was the Superintendent of Upstate Correctional Facility. Consequently, respondent moved pre-answer to dismiss the petition for failure to name the Commissioner of Corrections and Community Supervision...

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