Rodriguez v. Fischer

Appeal from a judgment of the Supreme Court (Mercure, J.), entered July 19, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding by order to show cause challenging disciplinary determinations finding him guilty of violating certain prison disciplinary rules. The order to show cause directed petitioner to serve the order, petition, exhibits and any supporting affidavits by ordinary first class mail upon respondents and the Attorney General on or before April 19, 2013.…