State of New York Supreme Court, Appellate Division Third Judicial Department
August 4, 2011
IN THE MATTER OF INJAH TAFARI, APPELLANT,
DAVID A. ROCK, AS SUPERINTENDENT OF UPSTATE CORRECTIONAL FACILITY, RESPONDENT.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 17, 2011 in Franklin County, which denied petitioner's application for an order to show cause to commence proceedings pursuant to CPLR article 78.
MEMORANDUM AND ORDER
Calendar Date: June 8, 2011
Before: Mercure, J.P., Peters, Spain, Kavanagh and Stein, JJ.
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, 85 AD3d 1485 ).
Mercure, J.P., Peters, Spain, Kavanagh and Stein, JJ., concur.
ORDERED that the appeal is dismissed, without costs.
Robert D. Mayberger Clerk of the Court
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