Pettus v. Wetmore

Appeal from a judgment of the Supreme Court (McNamara, J.), entered June 16, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

*1020Petitioner, a prison inmate, commenced this CPLR article 78 proceeding seeking to, among other things, compel respondent District Attorney of Chemung County to file an accusatory instrument against various prison mail room staff for alleged transgressions against him. Supreme Court signed an order to show cause directing petitioner to serve the order, the petition, exhibits and any supporting…