Appellate Division of the Supreme Court of the State of New York September 30, 2010 (Pettus v. Department of Correctional Services)

*1153Appeal from a judgment of the Supreme Court (Devine, J.), entered October 9, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

By order to show cause, petitioner sought to commence this CPLR article 78 proceeding to compel prison mailroom staff to stop tampering with his mail.