Opinion
93417
Decided and Entered: October 23, 2003.
Appeal from a judgment of the Supreme Court (Spargo, J.), entered January 13, 2003 in Greene County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to state a cause of action.
Vincent Antonucci, Marcy, appellant pro se.
Eliot Spitzer, Attorney General, Albany (Patrick Barnett — Mulligan of counsel), for respondent.
Before: Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Based upon the misbehavior report and his plea of guilty, petitioner was found to have violated prison correspondence procedures by failing to completely address outgoing mail and attempting to mail a hand-painted handkerchief to his granddaughter through the correction facility mail room rather than through the package room. Petitioner commenced this CPLR article 78 proceeding challenging the determination of guilt. Thereafter, Supreme Court granted respondent's motion to dismiss the proceeding for failure to state a cause of action. As noted by Supreme Court, petitioner's plea of guilty precludes a challenge to the sufficiency of the evidence supporting the determination of guilt (see Matter of Surdis v. Walsh, 301 A.D.2d 900; Matter of La Banca v. Goord, 297 A.D.2d 868; Matter of Shire v. Coombe, 240 A.D.2d 823). Accordingly, respondent's motion was properly granted.
Petitioner was also charged with, but found not guilty of, smuggling and destroying state property.
Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed, without costs.