Cowart v. Selsky

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered September 3, 1997 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.

Petitioner, an inmate at Sullivan Correctional Facility in Sullivan County, was found guilty of violating the prison disciplinary rules prohibiting the commission of a Penal Law offense and assault on an inmate. He thereafter commenced this CPLR article 78 proceeding challenging the determination on substantial evidence grounds. Respondent moved to…