Burgess v. Selsky

—Mugglin, J.

*737Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule prohibiting use of controlled substances. Petitioner’s guilt was affirmed upon his administrative appeal, prompting him to commence this CPLR article 78 proceeding challenging, inter alia, the sufficiency of the evidence adduced against him. Respondents then brought a preanswer motion to dismiss claiming that the petition failed to state a cause of action upon which relief may be granted. Rather than deciding this motion, Supreme Court noted the…