Delgado v. Artus

Appeal from a judgment of the Supreme Court (Donohue, J.), entered July 31, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner filed a grievance with respect to an evaluation that was made part of his institutional record that he regarded as derogatory and prepared in retaliation for his filing of a complaint against prison officials. The grievance was ultimately denied by the Central Office Review Committee and petitioner commenced this CPLR article 78 proceeding challenging that determination. Supreme…