GLOVER v. COUGHLIN


203 A.D.2d 846 (1994)

612 N.Y.S.2d 967

Richard Glover, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

April 28, 1994


Supreme Court correctly rejected plaintiff's request for a preliminary injunction in light of the fact that the motion was not part of a pending action or proceeding. Moreover, even if the allegations in plaintiff's motion papers were construed as an inartful attempt to commence a CPLR article 78 proceeding, such an attempt would fail because of the lack of compliance with the procedural requirements for commencing such a proceeding.

Ordered that the order is affirmed...

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