Nowlin v. Schriver

Appeal from a judgment of the Supreme Court (Torraca, J.), entered March 16, 1999 in Ulster 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, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination denying a grievance in which he alleged that he was unjustly removed from his prison work assignment in the optics industry shop because of harassment from his shift supervisor. Although the Inmate Grievance Review Committee initially “deadlocked” on…