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MATTER OF WASHINGTON v. ANNUCCI

524183.

153 A.D.3d 1504 (2017)

2017 NY Slip Op 06582

59 N.Y.S.3d 916

In the Matter of WAYNE WASHINGTON, 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 September 21, 2017.

Petitioner sought to commence a CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Respondent moved to dismiss the petition on the ground that petitioner failed to timely serve respondent and the Attorney General in accordance with the order to show cause. Supreme Court, by decision dated August 24, 2016, granted the motion to dismiss the petition and this appeal ensued. As there is no language in Supreme...

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