Tafari v. Artus

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered March 25, 2009 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner, a prison inmate, was served with a misbehavior report regarding an incident on April 14, 2008 for which he was charged with violating correspondence procedures. He was found guilty following a tier II disciplinary hearing and petitioner alleges that he submitted an appeal relative to that determination but received no response. Petitioner then commenced this CPLR article 78…