Dziedzic v. Kelly — 143 A.D.2d 537

Majority

p. 537

In the Matter of John Dziedzic, Appellant, v Walter J. Kelly, as Superintendent of Attica Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum: Petitioner’s primary argument on appeal is that his Tier III hearing was not commenced in a timely fashion. We find that since the seven-day period for commencing petitioner’s hearing (7 NYCRR 251-5.1 [a]) ended on Veterans’ Day, a public holiday, respondent’s request for an extension of time and the commencement of the hearing on the next succeeding business day was timely (see, General Construction Law § 25-a [1]; cf., People ex rel. Frost v Meloni, 124 AD2d 1032 , lv denied 69 NY2d 606 ; Matter of Picciano v Hammock, 92 AD2d 1043 , 1044, lv denied 59 NY2d 606 ). Petitioner’s remaining argument regarding the penalty range for Tier III violations has no merit (see, Matter of Coleman v Kelly, 130 AD2d 976 , affd

p. 538

72 NY2d 850 ). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Callahan, J. P., Doerr, Green, Pine and Davis, JJ.

Cases cited

People ex rel. Frost v. Meloni 124 AD2d 1032 N.Y. App. Div. 1986-11-10 p. 537
Picciano v. Hammock 92 AD2d 1043 N.Y. App. Div. 1983-03-24 at 1044 p. 537
Coleman v. Kelly 72 NY2d 850 N.Y. 1988-06-30 p. 538

Statutes and regulations cited

General Construction Law p. 537