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Matter of Wilder v. N.Y. State Div., Parole

Appellate Division of the Supreme Court of New York, Third Department
Apr 2, 1998
249 A.D.2d 606 (N.Y. App. Div. 1998)

Opinion

April 2, 1998

Appeal from the Supreme Court (Teresi, J.).


Petitioner, a prison inmate, challenges Supreme Court's dismissal of his petition for lack of personal jurisdiction over respondents. Supreme Court dismissed the petition because petitioner failed to comply with a March 18, 1997 order to show cause which relaxed the service requirements and directed petitioner to serve respondents and the Attorney General by ordinary first-class mail and file proof of service before a specific date. "Failure of an inmate to satisfy the service requirements set forth in an order to show cause requires dismissal for lack of jurisdiction absent a showing that imprisonment presented obstacles beyond his control which prevented compliance" (Matter of Gittens v. Selsky, 193 A.D.2d 986, 987). Although petitioner claimed that he had delivered the necessary documents to the law library officer for mailing, the disbursement request form submitted by petitioner in support of this contention indicates that he only requested that the documents be sent to the Attorney-General. Furthermore, notwithstanding petitioner's submission of an affidavit of service, respondents deny having been served with the order to show cause, the petition and supporting papers. Inasmuch as petitioner failed to comply with the order to show cause, we conclude that the petition was properly dismissed (see, Matter of Marsalona v. Coombe, 234 A.D.2d 841; Matter of McRae v. New York State Div. of Parole, 221 A.D.2d 827, 828; Matter of Gittens v. Selsky, supra).

Mercure, J.P., Crew III, White, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Wilder v. N.Y. State Div., Parole

Appellate Division of the Supreme Court of New York, Third Department
Apr 2, 1998
249 A.D.2d 606 (N.Y. App. Div. 1998)
Case details for

Matter of Wilder v. N.Y. State Div., Parole

Case Details

Full title:In the Matter of WARREN WILDER, Appellant, v. NEW YORK STATE DIVISION OF…

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

Date published: Apr 2, 1998

Citations

249 A.D.2d 606 (N.Y. App. Div. 1998)
670 N.Y.S.2d 622

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