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IN THE MATTER OF BERRIAN v. CARPENTER

19 A.D.3d 769 (2005)

796 N.Y.S.2d 261

In the Matter of LENARD BERRIAN, Appellant, v. DAVID A. CARPENTER, as Deputy Superintendent of Programs, Great Meadow Correctional Facility, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 9, 2005.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination finding him guilty of creating a disturbance, interfering with an employee, harassment and refusing a direct order. Respondent served an answer, raising as an objection in point of law that the petition failed to state a cause of action. Supreme Court dismissed the petition on that basis, resulting in this appeal.

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