| Matter of Escalera v State of New York |
| 2009 NY Slip Op 08098 [67 AD3d 1137] |
| November 12, 2009 |
| Appellate Division, Third Department |
| In the Matter of William Escalera, Appellant, v State of New York,Respondent. |
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Appeal from a judgment of the Supreme Court (Feldstein, J.), entered January 26, 2009 inFranklin County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.
Petitioner commenced this proceeding pursuant to CPLR article 78 purportedly challenginga July 2006 determination finding him guilty of violating certain prison disciplinary rules andimposing upon him, among other things, 120 days of confinement in the special housing unit.However, the petition contains only descriptions of various instances in which petitioner wasassaulted by correction officers and received substandard medical treatment and refers to sixapparently unrelated disciplinary proceedings spanning from August 2006 through December2006. Supreme Court, therefore, dismissed the petition, sua sponte, finding that it lacked thenecessary specificity. Petitioner now appeals.
We affirm. Pursuant to CPLR 3013, statements contained in a pleading must be "sufficientlyparticular to give the court and parties notice of the transactions, occurrences, or series oftransactions or occurrences, intended to be proved and the material elements of each cause ofaction or defense." Here, we agree with Supreme Court that the petition failed to meet thisstandard and, therefore, was properly dismissed (see Matter of Berrian v Carpenter, 19 AD3d 769, 770 [2005];Matter of Johnson v Goord, 290 AD2d 844, 844-845 [2002]).
Mercure, J.P., Rose, Malone Jr., Kavanagh and McCarthy, JJ., concur. Ordered that thejudgment is affirmed, without costs.