Berner v. Goord

Mercure, J. P.

Appeal from a judgment of the Supreme Court (Torraca, J.), entered September 3, 1997 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules prohibiting harassment and solicitation of services from someone other than a family member without approval. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding claiming that his due process rights were violated because he was not served…