Stephens v. Strack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from a judgment of the Supreme Court (Bradley, J.), entered December 2, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.
In August 1995 petitioner, an inmate at Gouveneur Correctional Facility in St. Lawrence County, was removed from his program placement as a kitchen worker. The decision to remove petitioner was affirmed by respondent by letter dated December 4, 1995. Petitioner’s second appeal to respondent on December 26, 1995 fared no better; by letter dated January 9, 1996, respondent…
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