Pettus v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (Donohue, J.), entered March 19, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner, a prison inmate confined to the special housing unit, commenced this CPLR article 78 proceeding alleging violations of his due process and liberty interests. Supreme Court granted respondents’ pre-answer motion to dismiss the petition, finding that petitioner failed to state a cause of action. CPLR 3013 requires that pleadings “be sufficiently particular to give the court and…