Onorato v. Scully

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Bernhard, J.), entered November 21, 1989 in Dutchess County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

There are two primary questions presented on this appeal: (1) whether petitioner’s initial letter of inquiry to the Supreme Court Clerk and subsequent timely service of his CPLR…