Richards v. Kuhlmann

Appeal from a judgment of the Supreme Court (Ledina, J.), entered August 8, 1996 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.

While an inmate at Sullivan Correctional Facility in Sullivan County, petitioner was found guilty after a disciplinary hearing of violating a prison disciplinary rule prohibiting inmates from harassing employees. Thereafter, he commenced *578this proceeding pursuant to CPLR article 78 challenging the administrative determination. Instead of serving an…