Matter of Frantz v. Smith

Appeal from a judgment of the Supreme Court (Cahill, J.), entered March 27, 2015 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier II disciplinary determination finding him guilty of refusing a direct order and creating a disturbance. Supreme Court dismissed the petition, prompting this appeal. The Attorney General has informed this Court that…