MATTER OF PETTUS v. DEPARTMENT OF CORRECTIONAL SERVICES

507877.

72 A.D.3d 1375 (2010)

898 N.Y.S.2d 536

In the Matter of JAMES PETTUS, Appellant, v. DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided April 22, 2010.


Petitioner is an inmate incarcerated at Southport Correctional Facility in Chemung County. He commenced this CPLR article 78 proceeding apparently challenging certain actions of the warden of the facility. Petitioner, however, failed to specify the precise nature of the actions being challenged in the petition. As a result, respondents moved to dismiss the petition for, among other things, failure to state a cause of action. Supreme Court granted the motion and this appeal...

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