Carter v. Rock

Appeal from a judgment of the Supreme Court (Pritzker, J.), entered December 21, 2009 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

The visitation privileges of petitioner’s wife with petitioner, an inmate, were suspended following her arrest for allegedly smuggling drugs into a correctional facility. After the charges against his wife were dismissed, petitioner requested that privileges be restored. That request was denied, after which petitioner commenced this CPLR article 78 proceeding challenging the…