Brooks v. Connolly

Appeal from a judgment of the Supreme Court (Devine, J.), entered May 10, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner, an inmate currently housed at Gowanda Correctional Facility in Cattaraugus County, commenced this CPLR article 78 proceeding to challenge, among other things, his transfer from Fishkill Correctional Facility in Dutchess County, asserting that the transfer was in retaliation for exercising his constitutional rights. Respondents moved pursuant to CPLR 3211 (a) to dismiss the petition…