McMillian v. Lempke

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P. Buscaglia, A. J.), entered April 5, 2016 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated various inmate rules, including 102.10 (7 NYCRR 270.2 [B] [3] [i] [threats]), 106.10 (7 NYCRR 270.2 [B] [7] [i] [refusing a direct…