Suarez v. Filion

—Appeal from an order of the Supreme Court (Torraca, J.), entered May 15, 2000 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s motion for reargument.

Petitioner commenced this proceeding in November 1999 seeking to challenge the denial of a grievance he had filed relative to his eligibility to participate in the merit time program. *744He also sought to challenge a 1996 determination following a tier II hearing finding him guilty of violating a prison disciplinary rule. By judgment entered February 14, 2000, Supreme Court dismissed the petition for failure…