Tunstall v. Ward

Appeal from a judgment of the Supreme Court (Keniry, J.), entered March 27, 1997 in Saratoga County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.

In 1990 petitioner, an inmate, was convicted of five counts of an indictment and sentenced to prison terms of 3x/2 to 7 years on count one (burglary in the third degree), 2 to 4 years on count two (grand larceny in the fourth degree), 3V2 to 7 years on count four (reckless endangerment in the first degree), one year in jail on count five (reckless…