MATTER OF COOPER v. ANNUCCI

528213.

182 A.D.3d 873 (2020)

120 N.Y.S.3d 863

2020 NY Slip Op 02336

In the Matter of Sheldon Cooper Jr., Appellant, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided April 23, 2020.


Petitioner commenced this CPLR article 78 proceeding to challenge a tier III prison disciplinary determination finding him guilty of violating certain prison disciplinary rules. Thereafter, respondents answered and raised the defense, pursuant to CPLR 3211(a)(5), that the petition was not timely filed. Supreme Court agreed and dismissed the petition on that basis. This appeal by petitioner ensued.

The Attorney General now urges this Court to reverse the judgment and...

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