Dallio v. Goord

This is a proceeding pursuant to Article 78 of the CPLR that was originated by the petition of Thomas Dallio, verified on June 15, 2004, and stamped as filed in the Franklin County Clerks office on July 13, 2004. Petitioner, who is an inmate at the Upstate Correctional Facility, is challenging the final results of an inmate grievance proceeding (UST #17070-03) as set forth in the March 17, 2004, decision of the Inmate Grievance Program Central Office Review Committee (CORC). The underlying grievance involves the alleged sexual harassment of the petitioner by a particular corrections officer. The Court issued an Order to Show Cause on July 19, 2004, an Amended Order to Show Cause on August 5, 2004, and a Second Amended Order to Show Cause on August 13, 2004. The Court has received and reviewed respondents Answer and Return, including in camera materials and an in camera exhibit, verified on September 3, 2004, as well as respondents Letter Memorandum of September 3, 2004. The petitioner then sought an order of the Court directing the respondent to produce a transcript of the testimony of Inmate Gillette at petitioners Tier III Superintendents Hearing of September 11, 2003. According to the petitioner, Inmate Gillettes testimony confirmed the alleged sexual harassment of the petitioner. By Letter Order dated October 7, 2004, the Court denied petitioners request that the hearing transcript be produced. By letter dated October 25, 2004, the petitioner requested that the Court reconsider its Letter Order of October 7, 2004. By Decision and Order dated January 20, 2005, the petitioners request for reconsideration was denied. For the reasons stated in that Decision and Order, the Court finds that petitioners additional application for reconsideration, received in chambers on February 22, 2005, must also be denied. In the meantime, the petitioner filed his Reply to the respondents Answer and Return in the Franklin County Clerks office on November 23, 2004.