MATTER OF TAFARI v. ROCK

511746.

87 A.D.3d 792 (2011)

927 N.Y.S.2d 924

2011 NY Slip Op 6179

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 August 4, 2011.


Petitioner, a prison inmate, filed a verified petition seeking to challenge 61 tier III 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 Tafari v Rock...

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