From Casetext: Smarter Legal Research

In re Matter of Marsalona v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Dec 19, 1996
234 A.D.2d 841 (N.Y. App. Div. 1996)

Opinion

December 19, 1996.

Appeal from a judgment of the Supreme Court (Torraca, J.), entered May 9, 1996 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition for lack of personal jurisdiction.

Before: Cardona, P.J., White, Casey, Peters and Carpinello, JJ.


Petitioner, an inmate at Ulster Correctional Facility in Ulster County, commenced this proceeding challenging a determination of respondents which denied his application to participate in a temporary work release program. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction arising out of petitioner's failure to serve the named respondents and file proof of service within the time requirements set forth in the order to show cause authorizing service by mail. While procedural requirements may be relaxed in cases where "imprisonment presents obstacles to service that are beyond an inmate's power to control" ( Matter of Hoyer v Coughlin, 179 AD2d 921), jurisdiction is not obtained in cases where the procedural requirements that could have been satisfied have not been ( see, supra). We deem that to have been the case in this matter and we accordingly affirm Supreme Court's judgment dismissing the petition.

Ordered that the judgment is affirmed, without costs.


Summaries of

In re Matter of Marsalona v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Dec 19, 1996
234 A.D.2d 841 (N.Y. App. Div. 1996)
Case details for

In re Matter of Marsalona v. Coombe

Case Details

Full title:In the Matter of MICHAEL MARSALONA, Appellant, v. PHILIP COOMBE, JR., as…

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

Date published: Dec 19, 1996

Citations

234 A.D.2d 841 (N.Y. App. Div. 1996)
651 N.Y.S.2d 941

Citing Cases

Matter of Wilder v. N.Y. State Div., Parole

Furthermore, notwithstanding petitioner's submission of an affidavit of service, respondents deny having been…

Matter of Lomonaco v. Travis

MEMORANDUM AND ORDER Inasmuch as petitioner, a prison inmate, failed to serve a signed order to show cause…