DeFilippo v. Fischer

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered August 13, 2010 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner sought to commence a CPLR article 78 proceeding challenging a prison disciplinary determination. The order to show cause signed by Supreme Court directed petitioner to serve it, together with the petition and accompanying exhibits, upon each named respondent and the Attorney General on or before June 11, 2010. It further directed petitioner to submit proof of service of his…