| Matter of Jones v Hickey |
| 2015 NY Slip Op 02531 [126 AD3d 1247] |
| March 26, 2015 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Robert Jones, Appellant, v Kevin P. Hickey, as Assistant Attorney General of the State of New York, Respondent. |
Robert Jones, Coxsackie, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Egan Jr., J. Appeal from a judgment of the Supreme Court (Elliott III, J.), entered October 22, 2013 in Greene County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding seeking to revisit the denial of a prior application for a writ of habeas corpus.[FN*] Supreme Court granted respondent's motion to dismiss the petition and petitioner now appeals.
We affirm. Inasmuch as the relief requested by petitioner is outside the scope of a CPLR article 78 proceeding, Supreme Court properly dismissed the petition upon that ground (see CPLR 7803). Moreover, to the extent that Supreme Court treated the petition as a motion to renew, we agree that petitioner failed to demonstrate that the alleged newly discovered evidence underlying the motion "could not have been discovered sooner through the exercise of due [*2]diligence and that it would likely produce a different result" (Matter of Vega v Fischer, 108 AD3d 955, 955 [2013], lv dismissed 22 NY3d 953 [2013]; see CPLR 2221). Petitioner's remaining claims have been considered and found to be without merit.
McCarthy, J.P., Devine and Clark, JJ., concur. Ordered that the judgment is affirmed, without costs.