Shannon v. State

Lahtinen, J.P.

Appeal from an order of the Court of Claims (Milano, J.), entered March 14, 2012, which granted defendant’s motion to dismiss the claim.

In January 2010, claimant, a prison inmate, was found guilty of violating certain prison disciplinary rules and he received a penalty of, among other things, 120 days in the special housing unit. After the matter was affirmed on administrative appeal, claimant commenced a CPLR article 78 proceeding challenging that determination. We granted the petition and annulled the determination on the basis that it was not supported by substantial evidence…