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MATTER OF DePONCEAU v. FISCHER

509981.

93 A.D.3d 1040 (2012)

940 N.Y.S.2d 493

2012 NY Slip Op 2131

In the Matter of VICTOR ALTHEUS DePONCEAU, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided March 22, 2012.

Petitioner, a prison inmate, sought to commence this CPLR article 78 proceeding by order to show cause and petition alleging, among other things, various violations by officials pertaining to his criminal conviction, his treatment in prison and responses he received regarding grievances he had filed. Supreme Court refused to execute the order to show cause and dismissed the petition without prejudice on the ground that the statements...

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