Spencer v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (Teresi, J.), entered November 13, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner was found guilty of violating certain prison disciplinary rules in April 1994, and the disciplinary determination was affirmed on administrative appeal in June 1994. In August 2006 and again in June 2009, petitioner wrote the Director of Special Housing and Inmate Disciplinary Programs requesting that the disciplinary determination be reversed and that all references thereto be…