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Bennett v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 2003
306 A.D.2d 597 (N.Y. App. Div. 2003)

Opinion

92709

Decided and Entered: June 5, 2003.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered June 28, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition for lack of personal jurisdiction.

Anthony Bennett, Attica, appellant pro se.

Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.

Before: Cardona, P.J., Peters, Spain, Rose and Kane, JJ.


MEMORANDUM AND ORDER

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction as petitioner failed to serve respondent with the order to show cause or any supporting papers in accordance with the directives in the order to show cause. We affirm. An inmate's failure to satisfy the service requirements of an order to show cause requires dismissal for lack of personal jurisdiction absent a showing that imprisonment presents an obstacle to service beyond the inmate's control (see Matter of Martinez v. Goord, 304 A.D.2d 1062, 757 N.Y.S.2d 502). Inasmuch as petitioner failed to make such a showing, we find that the petition was properly dismissed (see id.).

Cardona, P.J., Peters, Spain, Rose and Kane, JJ., concur.

ORDERED that the judgment is affirmed, without costs.


Summaries of

Bennett v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 2003
306 A.D.2d 597 (N.Y. App. Div. 2003)
Case details for

Bennett v. Selsky

Case Details

Full title:In the Matter of ANTHONY BENNETT, Appellant, v. DONALD SELSKY, as Director…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 5, 2003

Citations

306 A.D.2d 597 (N.Y. App. Div. 2003)
759 N.Y.S.2d 708

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