MATTER OF ROSS v. GOORD


262 A.D.2d 883 (1999)

693 N.Y.S.2d 649

In the Matter of JOSEPH A. ROSS, Appellant, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

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

Decided June 24, 1999.


Spain, J.

Although petitioner commenced this proceeding pursuant to CPLR article 78, the relief he seeks is declaratory and injunctive. Respondents moved to dismiss the petition based upon lack of personal jurisdiction and failure to state a cause of action. Finding insufficient allegations of irreparable harm, Supreme Court granted the motion, resulting in this appeal by petitioner.

Petitioner alleges that he has...

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