| Matter of Abreu v Hicks |
| 2012 NY Slip Op 00443 [91 AD3d 1238] |
| January 26, 2012 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Carlos Abreu, Appellant, v Sarah Hicks, as Director of the Behavioral Housing Unit of Great Meadow Correctional Facility, et al., Respondents. |
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Appeal from a judgment of the Supreme Court (McNamara, J.), entered March 18, 2011 in Albany County, which in a combined proceeding pursuant to CPLR article 78 and action pursuant to 42 USC § 1983, denied petitioner's motion for a default judgment.
Petitioner, a prison inmate, commenced a combined proceeding pursuant to CPLR article 78 and action pursuant to 42 USC § 1983 against respondents in July 2009. After receiving no answer, petitioner moved for a default judgment in December 2010. Supreme Court denied petitioner's motion and this appeal ensued. Inasmuch as the record fails to contain any proof that respondents were served a copy of the petition in the first instance, the judgment must be affirmed (see CPLR 3215 [f]).
Mercure, A.P.J., Rose, Malone Jr., Kavanagh and McCarthy, JJ., concur. Ordered that the judgment is affirmed, without costs.