MATTER OF PETTUS v. FISCHER

507876.

72 A.D.3d 1313 (2010)

897 N.Y.S.2d 917

In the Matter of JAMES PETTUS, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided April 15, 2010.


Petitioner, a prison inmate, commenced this proceeding seeking to expunge a misbehavior report dated July 16, 2008 from his inmate record. Shortly thereafter, respondents moved to dismiss the petition for, among other things, failure to plead using plain and concise statements. Supreme Court granted respondents' motion to dismiss on that ground but granted petitioner leave to file and serve an amended petition within 30 days. Petitioner then timely filed an amended petition...

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