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In the Matter of Arosena v. Carpenter

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 838 (N.Y. App. Div. 2005)

Opinion

96512.

June 16, 2005.

Appeal from a judgment of the Supreme Court (Berke, J.), entered June 24, 2004 in Washington County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Oreste Arosena, Ossining, appellant pro se.

Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

Before: Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur.


Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction, prompting this appeal. Because petitioner failed to serve respondents and the Attorney General in accordance with the relaxed service directives set forth in the amended order to show cause, Supreme Court properly dismissed the petition ( see Matter of Spirles v. Goord, 273 AD2d 568, 568-569, lv dismissed 96 NY2d 928; Matter of Houston v. Goord, 270 AD2d 543, 544; Matter of Vazquez v. Travis, 262 AD2d 690, 690-691, appeal dismissed 94 NY2d 796). Accordingly, we are precluded from addressing the merits of the petition.

Ordered that the judgment is affirmed, without costs.


Summaries of

In the Matter of Arosena v. Carpenter

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 838 (N.Y. App. Div. 2005)
Case details for

In the Matter of Arosena v. Carpenter

Case Details

Full title:In the Matter of ORESTE AROSENA, Appellant, v. M. CARPENTER, as Deputy…

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

Date published: Jun 16, 2005

Citations

19 A.D.3d 838 (N.Y. App. Div. 2005)
796 N.Y.S.2d 565

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