Martinez v. Coombe

—Appeal from a judgment of the Supreme Court (Hughes, J.), entered February 15, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of jurisdiction.

Petitioner was found guilty of violating a prison disciplinary rule prohibiting the use of a controlled substance. After this finding was administratively affirmed, petitioner submitted an order to show cause to Supreme Court attempting to commence a proceeding pursuant to CPLR article 78 challenging the determination. The order to show cause was signed and…