MATTER OF PETTUS v. DEPARTMENT OF CORRECTIONAL SERVICES

508404

76 A.D.3d 1152 (2010)

907 N.Y.S.2d 717

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 September 30, 2010.


By order to show cause, petitioner sought to commence this CPLR article 78 proceeding to compel prison mailroom staff to stop tampering with his mail. The order to show cause was signed by Supreme Court and directed petitioner to serve it, as well as the petition, exhibits and supporting affidavits, by ordinary mail, upon each named respondent as well as the Attorney General on or before May 8, 2009. The papers were subsequently served upon respondent Department of Correctional...

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