
    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.
    [646 NYS2d 466]
   —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.  