MATTER OF TAFARI v. ROCK

511747.

85 A.D.3d 1485 (2011)

925 N.Y.S.2d 902

2011 NY Slip Op 5402

In the Matter of INJAH TAFARI, Appellant, v. DAVID A. ROCK, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided June 23, 2011.


Petitioner, a prison inmate, filed a verified petition seeking to challenge 59 tier II disciplinary determinations rendered over the past 20 years. Supreme Court treated the petition as an ex parte application for the issuance of an order to show cause to commence a CPLR article 78 proceeding, denied the request and dismissed the petition. Because the denial of an ex parte order to show cause is not appealable, the appeal must be dismissed (see Matter of Harris v Travis...

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