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Matter of Rios v. N.Y.S. Board of Parole

Appellate Division of the Supreme Court of New York, Third Department
Feb 24, 2000
269 A.D.2d 713 (N.Y. App. Div. 2000)

Opinion

February 24, 2000

Appeal from a judgment of the Supreme Court (Cobb, J.), entered June 8, 1999 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.

Jorge Rios, Rome, appellant in person.

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

Before: CARDONA, P.J., PETERS, SPAIN, CARPINELLO and MUGGLIN, JJ.


MEMORANDUM AND ORDER

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a determination of respondent denying him parole. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction. Since petitioner failed to serve respondent and the Attorney-General in accordance with the directive set forth in the amended order to show cause, the petition was properly dismissed (see, Matter of Seifert v. Selsky, 260 A.D.2d 823) and we are precluded from addressing the merits of the petition.

ORDERED that the judgment is affirmed, without costs.


Summaries of

Matter of Rios v. N.Y.S. Board of Parole

Appellate Division of the Supreme Court of New York, Third Department
Feb 24, 2000
269 A.D.2d 713 (N.Y. App. Div. 2000)
Case details for

Matter of Rios v. N.Y.S. Board of Parole

Case Details

Full title:In the Matter of JORGE RIOS, Appellant, v. NEW YORK STATE BOARD OF PAROLE…

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

Date published: Feb 24, 2000

Citations

269 A.D.2d 713 (N.Y. App. Div. 2000)
704 N.Y.S.2d 895