IN THE MATTER OF GREEN v. DUBRAY


57 A.D.3d 1051 (2008)

867 N.Y.S.2d 709

In the Matter of SHAWN GREEN, Appellant, v. KEITH DUBRAY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

December 4, 2008.


Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. In the petition, petitioner did not set forth his allegations in plain and concise terms in consecutively numbered paragraphs in accordance with CPLR 3014. Respondent moved to dismiss the petition on this basis. Supreme Court granted the motion and conditionally dismissed the petition unless petitioner served an amended petition complying with CPLR 3014 within 30 days. Petitioner...

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