Savinon v. Bezio

Appeal from a judgment of the Supreme Court (McNamara, J.), entered April 5, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Following a prison disciplinary hearing, petitioner was found guilty of committing an unhygienic act and engaging in lewd conduct. On June 9, 2009, the determination was modified on administrative appeal and one of the charges was dismissed. Petitioner received the administrative determination on June 10, 2009. He commenced this CPLR article 78 proceeding challenging it on October 29, 2009.…