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MATTER OF VANCE v. NEW YORK STATE DEPT. OF CORR. AND COMMUNITY SUPERVISION

525402.

160 A.D.3d 1322 (2018)

72 N.Y.S.3d 502

2018 NY Slip Op 02857

In the Matter of Wayne P. Vance, Petitioner, v. New York State Department of Corrections and Community Supervision, Respondent.

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

Decided April 26, 2018.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating various prison disciplinary rules. Respondent submitted an answer with an objection asserting that petitioner had not administratively appealed the determination and, therefore, had failed to exhaust his administrative remedies.* Respondent supported the objection with an affidavit from the assistant director of special housing and...

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