Gibson v. McGinnis

—Appeal from a judgment of the Supreme Court (Ellison, J.), entered September 15, 1998 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.

Following a tier III disciplinary hearing at which petitioner pleaded guilty to creating a disturbance, petitioner was found guilty of three additional charges of violating various prison disciplinary rules. On administrative appeal, all charges, *746except that of creating a disturbance, were dismissed and the penalty was modified accordingly.…