Payne v. Prack

Appeal from an amended judgment of the Supreme Court (Mott, J.), entered June 4, 2013 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner was found guilty of violating various prison disciplinary rules following a tier III disciplinary hearing. That determination was affirmed on administrative appeal, which petitioner received on August 27, 2012. Petitioner thereafter commenced this CPLR article 78 proceeding in Supreme Court on January 22, 2013 challenging the determination. Supreme Court granted respondent’s…