Berrian v. Carpenter

Appeal from a judgment of the Supreme Court (Berke, J.), entered May 4, 2004 in Washington County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

*770Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination finding him guilty of creating a disturbance, interfering with an employee, harassment and refusing a direct order. Respondent served an answer, raising as an objection in point of law that the petition failed to state a cause of action. Supreme Court dismissed the petition on that basis, resulting in this appeal.

Our…