Hyatt v. Annucci

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered July 31, 2014 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner was charged in two misbehavior reports with multiple disciplinary rule violations and was found guilty of many of the charges following a combined tier III disciplinary hearing. His subsequent request to file a late administrative appeal was denied. Thereafter, he commenced this CPLR article 78 proceeding seeking to challenge the disciplinary determination. Respondent moved to…