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Johnson v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 2011
80 A.D.3d 931 (N.Y. App. Div. 2011)

Opinion

No. 509291.

January 13, 2011.

Appeal from a judgment of the Supreme Court (O'Connor, J.), entered January 27, 2010 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.

Sheldon P. Johnson, Wallkill, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.

Before: Spain, Kavanagh, McCarthy and Egan Jr., JJ.


Petitioner commenced this CPLR article 78 proceeding challenging the denial of a grievance he filed with respect to an alleged error in the calculation of his sentence. Respondent moved to dismiss the petition for lack of personal jurisdiction, and Supreme Court granted the motion. Petitioner appeals. Petitioner did not serve a notice of appeal on the Attorney General within 35 days after the Attorney General served upon him a copy of the judgment appealed from, nor did petitioner file a notice of appeal in the Ulster County Clerk's office ( see CPLR 5513 [a], [d]; 5515 [1]). Accordingly, the appeal must be dismissed ( see Hecht v City of New York, 60 NY2d 57, 61; O'Connor v Sleasman, 14 AD3d 986, 987; Matter of Malik v Coughlin, 127 AD2d 948, 949).

Ordered that the appeal is dismissed, without costs.


Summaries of

Johnson v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 2011
80 A.D.3d 931 (N.Y. App. Div. 2011)
Case details for

Johnson v. Smith

Case Details

Full title:In the Matter of SHELDON P. JOHNSON, Appellant, v. JOSEPH T. SMITH, as…

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

Date published: Jan 13, 2011

Citations

80 A.D.3d 931 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 128
913 N.Y.S.2d 924

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