MATTER OF GARRAWAY v. FISCHER

514645.

106 A.D.3d 1301 (2013)

964 N.Y.S.2d 777

2013 NY Slip Op 3526

In the Matter of MARK GARRAWAY, Appellant, v. BRIAN FISCHER, Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided May 16, 2013.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Respondents moved to dismiss the petition on the grounds that it failed to state a cause of action and does not set forth sufficiently clear and concise statements in consecutively numbered paragraphs. Supreme Court granted the motion, finding that the petition lacked the necessary specificity as required by CPLR 3013. This appeal...

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