Matter of Lomonaco v. Travis

Full title: In the Matter of LEONARD LOMONACO, Appellant, v. BRION D. TRAVIS, as…

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

Date published: Sep 9, 1999

264 A.D.2d 872 (N.Y. App. Div. 1999)

695 N.Y.S.2d 616

Opinion

September 9, 1999

Appeal from a judgment of the Supreme Court (Canfield, J.), entered September 23, 1998 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.

Leonard Lomonaco, Napanoch, appellant in person.

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

Before: CARDONA, P.J., MERCURE, PETERS, CARPINELLO and GRAFFEO, JJ.

MEMORANDUM AND ORDER

Inasmuch as petitioner, a prison inmate, failed to serve a signed order to show cause and petition upon respondent and the Attorney-General, and there being no evidence that his imprisonment created an obstacle preventing his compliance with the service directives contained in the order to show cause (see,Matter of Gittens v. Selsky, 193 A.D.2d 986, 987), Supreme Court properly dismissed the petition for lack of personal jurisdiction (see, CPLR 3211 [a] [8]; see also, Matter of Arroyo v. Coombe, 239 A.D.2d 634, 635, lv denied 90 N.Y.2d 812; Matter of Marsalona v. Coombe, 234 A.D.2d 841). The judgment is, accordingly, affirmed.

CARDONA, P.J., MERCURE, PETERS, CARPINELLO and GRAFFEO, JJ., concur.

ORDERED that the judgment is affirmed, without costs.