Carrington v. Moore

Appeal from an order of the Supreme Court (Melkonian, J.), entered September 9, 2011 in Ulster County, which granted defendants’ motion to dismiss the complaint.

In September 2010, plaintiff, an inmate at Sullivan Correctional Facility in Sullivan County, commenced this proceeding pursuant to 42 USC § 1983 against defendants, employees of the Department of Corrections and Community Supervision, challenging a positive urinalysis report. Supreme Court granted defendants’ motion seeking dismissal of the complaint. Plaintiff appeals, and we reverse.

Upon the appeal, the Attorney General concedes…