Joseph v. LaClair

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered March 10, 2010 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

*1496Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinaiy determination finding him guilty of being out of place and noncompliance with a hearing disposition. The Attorney General has advised this Court that the determination at issue has been…