—[*1] Freeman Burley, Auburn, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondent.

Rose, J. Appeal from an order of the Supreme Court (McNamara, J.), entered November 7, 2012 in Albany County, which, in a proceeding pursuant to Executive Law § 632-a, denied respondent's motion to dismiss the petition.

Respondent was convicted of murder in the second degree and criminal possession of a weapon in the fourth degree and is currently serving a prison sentence of 25 years to life. In 2011, petitioner advised the executor of the victim's estate that respondent's inmate account exceeded $10,000. The executor then gave notice that she intended to commence an action for money damages against respondent (see Executive Law §§ 621 [6]; 632-a [2] [c]; [3]) and petitioner accordingly commenced this special proceeding seeking a preliminary injunction to preserve those funds (see Executive Law § 632-a [4]-[6]). Supreme Court granted the injunction.

The executor had not commenced an action for money damages as of July 2012, prompting respondent to serve petitioner with a demand for a complaint within the context of this [*2]proceeding.^[FN*] No complaint was forthcoming, and respondent moved to dismiss this proceeding pursuant to CPLR 3012 (b). Supreme Court denied the motion, and respondent now appeals.

We affirm. The petition in this special proceeding "compl[ied] with the requirements for a complaint in an action," and has already been served upon respondent (CPLR 402; see CPLR 304 [a]). Respondent admits that he is actually seeking a complaint in the action for money damages contemplated by the executor of the victim's estate, which he has no right to demand prior to the commencement of that action (see Micro-Spy, Inc. v Small, 9 AD3d 122, 126 [2004]). Accordingly, the motion to dismiss was properly denied.

Peters, P.J., Lahtinen and Garry, JJ., concur. Ordered that the order is affirmed, without costs.