—Motion for permission to proceed as a poor person and assignment of counsel denied. Memorandum: A CPLR article 78 proceeding is commenced upon the filing of the petition, not upon the mailing of the petition to the court clerk for filing (see, Enos v City of Rochester, 206 AD2d 159). Present—Green, J. P., Lawton, Callahan, Balio and Boehm, JJ.
In the Matter of Robert Cruz, Appellant, v. Philip Coombe, Jr., as Commissioner of the New York State Department of Correctional Services, et al., Respondents
229 A.D.2d 1024646 N.Y.S.2d 466
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