Anderson v. Fischer

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered August 29, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging a determination by respondent finding him guilty of violating certain prison disciplinary rules. Supreme Court (Platkin, J.) signed an order to show cause directing petitioner to serve the order and the papers upon which it was granted upon respondent and the Attorney General on or before March 30, 2012. When petitioner…