Reynoso v. Coombe

Appeal from a judgment of the Supreme Court (Ledina, J.), entered October 29, 1996 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.

Petitioner was found guilty of violating a prison disciplinary rule prohibiting lewd exposure. He commenced this CPLR article 78 proceeding challenging the administrative determination of guilt on procedural and substantial evidence grounds.

*739In lieu of serving an answer to the petition, respondents moved to dismiss the proceeding in which they refuted…