Le Grand v. Goord

Mercure, J. P.

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered October 8, 1998 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as not ripe for judicial review.

Petitioner is a prison inmate. A misbehavior report dated June 5, 1998 charged petitioner with violating rule 121.11 of the Standards of Inmate Behavior (7 NYCRR 270.2 [B] [22] [ii])* (hereinafter the Rule) by making third-party telephone calls. At the ensuing tier II disciplinary proceeding, petitioner entered a plea of guilty but sought to…