Green v. Dubray

Petitioner commenced this CFLR article 78 proceeding challenging a prison disciplinary determination. In the petition, petitioner did not set forth his allegations in plain and concise terms in consecutively numbered paragraphs in accordance with CPLR 3014. Respondent moved to dismiss the petition on this basis. Supreme Court granted the motion and conditionally dismissed the petition unless petitioner served an amended petition complying with CPLR 3014 within 30 days. Petitioner did not serve an amended petition and he now appeals.

We affirm. CPLR 3014 explicitly provides that “[e]very…