Matter Richard Graham

Levine, J. Appeal from a judgment of the Supreme Court at Special Term (Viscardi, J.), entered June 13, 1983 in Washington County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review the determinations of two Superintendent's proceedings. Petitioner presently is serving an indeterminate sentence of from 25 years to life in a State correctional facility. By this appeal, he seeks annulment of two administrative determinations: (1) a 1981 determination imposing disciplinary sanctions for misconduct, following an administrative hearing, while he was confined as an inmate at Green Haven Correctional Facility in Dutchess County; and (2) a 1983 determination, also following a hearing, as a result of which he was placed in involuntary protective custody while an inmate at Great Meadow Correctional Facility in Washington County. Petitioner originally initiated this CPLR article 78 proceeding in Supreme Court, Dutchess County, in September 1981 to seek judicial review of the earlier disciplinary action, and the matter was placed on the Special Term calendar. Petitioner failed to prosecute the proceeding and in October of that year it was stricken from the calendar, with leave to renew. In March 1983, petitioner applied to the Clerk of the Dutchess County Supreme Court for a new return date. After the proceeding was recalendared and respondent Charles Scully (hereinafter respondent) answered, petitioner served a reply which raised his alternative challenge to the 1983 determination placing him in protective custody. The entire matter was subsequently transferred to Washington County Supreme Court, Special Term, because petitioner was then again incarcerated at Great Meadow.