Romero v. Department of Correctional Services

Appeal from a judgment of the Supreme Court (Malone, Jr., J.), entered June 27, 2005 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner, an inmate, filed a grievance challenging correctional officials’ failure to designate a code for his religious denomination. When his grievance was denied, he attempted to commence a CPLR article 78 proceeding challenging the denial. In the order to show cause, Supreme Court directed petitioner to serve “the [o]rder to [sjhow [clause, the petition, exhibits and any supporting…