IN RE: DEVIN KEITT (2026)

MEMORANDUM AND ORDER

Calendar Date:  September 11, 2026

Appeal from a judgment of the Supreme Court (Richard Platkin, J.), entered October 8, 2024 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating several prison disciplinary rules following a tier II disciplinary hearing, and that determination was upheld upon administrative review.  Petitioner commenced this CPLR article 78 proceeding to challenge the determination on various grounds.  Following joinder of issue, Supreme Court dismissed the petition.  Petitioner purports to appeal.

In order to take an appeal, a notice of appeal must be served on the adverse party and filed “in the office where the judgment or order of the court of original instance is entered” within 30 days after service of the judgment with notice of entry (CPLR 5515[1];  see CPLR 5513[a];  Avgush v. Jerry Fontan, Inc., 167 AD3d 484, 484 [1st Dept 2018] ).  The Albany County Clerk has no record of a notice of appeal being filed and, notwithstanding this Court's request, petitioner has not provided proof that one was either filed or served in a timely manner.  Thus, the appeal must be dismissed (see Matter of Johnson v. Smith, 80 AD3d 931, 932 [3d Dept 2011];  Matter of Malik v. Coughlin, 127 A.D.2d 948, 949 [3d Dept 1987] ).

Clark, J.P, Aarons, Ceresia, Fisher and Powers, JJ., concur.

ORDERED that the appeal is dismissed, without costs.