MATTER OF BARNES v. SCHROYER

515161

120 A.D.3d 1492 (2014)

992 N.Y.S.2d 449

2014 NY Slip Op 06224

In the Matter of JESSIE J. BARNES, Appellant, v. DR. SCHROYER, as Medical Director of Upstate Correctional Facility, et al., Respondents.

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

Decided September 18, 2014.


Petitioner commenced this CPLR article 78 proceeding to challenge actions by prison officials that are related in various ways to his medical treatment, and he requested that Supreme Court issue an order to show cause that would direct service upon respondents (see CPLR 403 [d]). Supreme Court declined to do so and, upon its own motion, dismissed the petition without prejudice, finding the petition to be "grossly substandard" in that its opaque language would leave...

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