Opinion
May 23, 1985
Appeal from the Supreme Court, Albany County (Cholakis, J.).
In an effort to challenge respondents' denial of petitioner's request for certain documents under the Freedom of Information Law (Public Officers Law art 6), petitioner, an inmate at Green Haven Correctional Facility, attempted to commence a proceeding pursuant to CPLR article 78 by mailing a copy of the notice of petition and petition to the Attorney-General's office. As respondents were never served, Special Term granted their motion to dismiss the petition for lack of personal jurisdiction (CPLR 7804, 403 PLR [c]). Although petitioner's method of service was indeed jurisdictionally defective, given that his claim is not clearly without merit, his solitary confinement at Green Haven, and his pro se and apparently indigent status, we chose to exercise our discretion ( see, CPLR 5704 [a]), and read petitioner's application as a request for an order permitting alternative service. Accordingly, we remit the matter to Special Term for issuance of an order to show cause authorizing commencement of this proceeding by service of said order and petition on respondents by such means and upon such conditions as Special Term deems suitable ( see, Matter of Rolle v. Henderson, 104 A.D.2d 686; Matter of Hanson v. Coughlin, 103 A.D.2d 949; cf. Matter of King v. Gregorie, 90 A.D.2d 922, lv dismissed 58 N.Y.2d 822).
Judgment affirmed, without costs, and matter remitted to Special Term for further proceedings not inconsistent herewith. Mahoney, P.J., Main, Casey, Weiss and Yesawich, Jr., JJ., concur.