Hayes v. Fischer

Peters, J.P.

Appeal from a judgment of the Supreme Court (Donohue, J.), entered October 3, 2008 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of smuggling and drug possession. Supreme Court dismissed the petition, prompting this appeal. The Attorney General has advised this Court that, during the pendency of…