Delgado v. Artus

Appeal from a judgment of the Supreme Court (McNamara, J.), entered September 7, 2010 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Central Office Review Committee denying his grievance.

Petitioner, a prison inmate, originally commenced this CPLR article 78 proceeding challenging the denial of a grievance he filed claiming that a negative performance evaluation was placed in his parole file in retaliation for filing a complaint against prison officials. Supreme Court (Donohue, J.) dismissed the…