Matter of Kairis v. Smith

Appeal from a judgment of the Supreme Court (Nichols, J.), entered August 26, 2014 in Columbia County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination of respondent finding him guilty of violating certain prison disciplinary rules. Supreme Court granted respondent’s pre-answer motion to dismiss the petition on the ground that petitioner failed to timely serve respondent in accordance with the order to show cause. Petitioner now appeals.

We reverse. The…