Matter of Green v. Uhler

Appeal from a judgment of the Supreme Court (Young, J.), entered March 28, 2016 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III prison disciplinary determination and other determinations denying various grievances that he had filed. The only respondent that he named in the petition was the Superintendent of Upstate Correctional Facility. Consequently, respondent moved pre-answer to dismiss the petition for failure to name the Commissioner of…