Pettus v. Fischer

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered July 17, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, sua sponte, dismissed the amended petition.

Petitioner, a prison inmate, commenced this proceeding seeking to expunge a misbehavior report dated July 16, 2008 from his inmate record. Shortly thereafter, respondents moved to dismiss the petition for, among other things, failure to plead using plain and concise statements. Supreme Court granted respondents’ motion to dismiss on that ground but granted petitioner leave to file and serve an…