Johnson v. Fischer

Petitioner, a prison inmate, filed two grievances alleging that he was being served incorrect portions of food and that some of the food was stale. After petitioner’s grievances were denied at the facility level, those denials were upheld by the Central Office Review Committee. Petitioner then commenced this CPLR article 78 proceeding to challenge those determinations. Thereafter, petitioner moved in Supreme Court to amend the proceeding to add an action for damages pursuant to 42 USC § 1983. The court denied the motion and dismissed the petition. Petitioner now appeals.

We affirm. Initially,…