Abreu v. Vonce

Appeal from a judgment of the Supreme Court (Cahill, J.), entered July 16, 2009 in Albany County, which, in a proceeding *1150pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding alleging that he was denied due process, equal protection and his 8th Amendment rights in connection with his confinement in the special housing unit. Supreme Court (Lynch, J.), as relevant here, signed an amended order to show cause directing petitioner to serve the petition, exhibits and any supporting affidavits upon each named respondent…