Rodriguez v. Fischer

*921Appeal from a judgment of the Supreme Court (LaBuda, J.), entered January 20, 2010 in Sullivan County, which converted an application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, into a proceeding pursuant to CPLR article 78 and dismissed the petition.

In 1976, petitioner was convicted of four counts of murder in the second degree as well as one count of robbery in the first degree and was sentenced to an aggregate prison term of 25 years to life. Following a tier III disciplinary hearing, petitioner was found guilty of violating certain prison disciplinary rules…