Torres v. Doling

Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered December 12, 2001 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for lack of jurisdiction.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was found guilty — following a prison disciplinary hearing — of failing to comply with urinalysis test procedures and refusing a direct order. He commenced this CPLR article 78 proceeding challenging this determination. Supreme Court granted respondents’ motion to dismiss the…