Lashway v. Kuhlmann

Crew III, J. P.

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered December 21, 1999 in Sullivan 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 petitioner was found guilty of violating the prison disciplinary rule prohibiting harassment of an employee. This determination was affirmed upon petitioner’s administrative appeal, and he thereafter commenced this proceeding pursuant to CPLR article 78 contending that the misbehavior report…