Mathie v. Selsky

Appeals (1) from a judgment of the Supreme Court (Kavanagh, J.), entered March 1, 2005 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition, and (2) from an order of said court, entered October 16, 2006 in Albany County, which denied petitioner’s motion for reargument.

Petitioner was found guilty of violating certain prison disciplinary rules following a July 21, 2004 tier III hearing, but the determination was later reversed on administrative appeal. In October 2004, he commenced this CPLR article 78 proceeding seeking to…