Hernandez v. Walsh

*704Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered March 23, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to comply with various regulations of the Department of Correctional Services.

While incarcerated at Sullivan Correctional Facility in Sullivan County, petitioner commenced this CPLR article 78 proceeding seeking a writ of mandamus claiming that respondent has deprived him the opportunity for physical exercise, disciplined him for the purpose of retaliation, withheld outgoing mail,…