| IN THE MATTER OF JAMES CURRY V JAMES CONWAY, SUPERINTENDENT OF ATTICA CORRECTIONAL FACILITY |
| Motion No: OP 08-02039 |
| Slip Opinion No: 2008 NYSlipOp 87782(U) |
| Decided on October 23, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. OP 08-02039
| IN THE MATTER OF JAMES CURRY, PETITIONER, V JAMES CONWAY,
SUPERINTENDENT OF ATTICA CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for permission to commence an original CPLR article 78 proceeding in this Court as a poor person,
Now, upon reading and filing the affidavits of James Curry sworn to August 26, 2008, the proposed order to show cause with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: Petitioner has failed to set forth "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]). Superintendent Conway is not a proper respondent in a CPLR article 78 proceeding commenced in this Court (see CPLR 506 [b] [1]), and "[t]he extraordinary remedy of prohibition is not available to correct or prevent trial errors of substantive or procedural law, no matter how grievous" (Matter of Doe v Connell, 179 AD2d 196, 198 [1992]).
Entered: October 23, 2008
JoAnn M. Wahl, Clerk