Harris v. Travis

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 30, 2002 in Essex County, which denied petitioner’s application for an order to show cause to commence proceedings pursuant to CPLR article 78.

Petitioner, a pro se inmate, filed a verified petition purport*650ing to commence a CPLR article 78 proceeding challenging a determination of the Board of Parole. Supreme Court treated the petition as an ex parte application for the issuance of an order to show cause to commence a CPLR article 78 proceeding, denied the request and dismissed the petition based upon petitioner’s…