Pettus v. Department of Correctional Services

*1153Appeal from a judgment of the Supreme Court (Devine, J.), entered October 9, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

By order to show cause, petitioner sought to commence this CPLR article 78 proceeding to compel prison mailroom staff to stop tampering with his mail. The order to show cause was signed by Supreme Court and directed petitioner to serve it, as well as the petition, exhibits and supporting affidavits, by ordinary mail, upon each named respondent as well as the Attorney General on or before May…