Barnes v. Schroyer

Appeal from an order of the Supreme Court (Feldstein, J.), entered May 25, 2012 in Franklin County, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s motion for leave to serve an amended petition.

Petitioner commenced this CPLR article 78 proceeding to challenge actions by prison officials that are related in various ways to his medical treatment, and he requested that Supreme Court issue an order to show cause that would direct service upon respondents (see CPLR 403 [d]). Supreme Court declined to do so and, upon its own motion, dismissed the petition without prejudice,…