Fayette v. Fischer

Appeal from a judgment of the Supreme Court (Breslin, J.), entered August 24, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Following a tier III disciplinary hearing, petitioner was found guilty of violating certain prison disciplinary rules and the penalty imposed included a loss of good time allowance of 90 days. On October 4, 2011, petitioner received notification that the determination had been affirmed upon administrative appeal. Thereafter, petitioner made an inquiry regarding the status of his merit time…