Tyler v. Selsky

—Appeal from a judgment of the Supreme Court (McGill, J.), entered on August 20, 1998 in Clinton County, which sought to vacate part of the decision and order filed on August 4, 1998.

Plaintiff, a prison inmate, moved for, inter alia, court-ordered service of the complaint and summons in connection with his claim for monetary damages against four correction officers in their individual capacities. Although granting plaintiff’s request to proceed in forma pauperis, Supreme Court denied plaintiff’s request for court-ordered service without prejudice (see, CPLR 308 [5]) and directed plaintiff to…