MATTER OF NELSON v. COUGHLIN


115 A.D.2d 131 (1985)

In the Matter of William Nelson, Appellant, v. Thomas Coughlin, III, as Commissioner of New York State Department of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1985


Harvey, J.

At petitioner's request, Special Term granted an order to show cause commencing a CPLR article 78 proceeding seeking annulment of two inmate disciplinary proceedings. In his petition, petitioner also asserted a claim for money damages. Prior to the return date, Special Term, sua sponte, dismissed the petition in its entirety upon the ground that it did not contain sufficient factual allegations to entitle petitioner to any relief.

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