DePonceau v. Fischer

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 26, 2010 in Franklin County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Petitioner, a prison inmate, sought to commence this CPLR article 78 proceeding by order to show cause and petition alleg*1041ing, among other things, various violations by officials pertaining to his criminal conviction, his treatment in prison and responses he received regarding grievances he had filed. Supreme Court refused to execute the order to show cause and dismissed the petition without prejudice on the ground…