Petitioner, a prison inmate, commenced a combined proceeding pursuant to CPLR article 78 and action pursuant to 42 USC § 1983 against respondents in July 2009. After receiving no answer, petitioner moved for a default judgment in December 2010. Supreme Court denied petitioner's motion and this appeal ensued. Inasmuch as the record fails to contain any proof that respondents were served a copy of the petition in the first instance, the judgment must be affirmed (see...
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