McEachin v. McGinnis

Appeal from a judgment of the Supreme Court (O’Shea, J.), entered January 2, 2002 in Chemung County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to state a cause of action.

Following a prison disciplinary hearing, petitioner was found guilty of refusing a direct order and a movement regulation violation. After an unsuccessful administrative appeal, petitioner alleged in a pro se petition to Supreme Court that he was denied due process of law in connection with the hearing. Supreme Court, sua sponte and without prejudice, dismissed the petition for…