Glover v. Chief Administrator of the Courts

Appellate Division of the Supreme Court of New York

Glover v. Chief Administrator of the Courts

197 A.D.2d 736, 602 N.Y.S.2d 703, 1993 N.Y. App. Div. LEXIS 9059

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 7, 1993

StatusPublished

This text of 197 A.D.2d 736 (Glover v. Chief Administrator of the Courts) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Glover v. Chief Administrator of the Courts, 197 A.D.2d 736, 602 N.Y.S.2d 703, 1993 N.Y. App. Div. LEXIS 9059 (N.Y. Ct. App. 1993).

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Opinion

—Appeal from a judgment of the Supreme [737]*737Court (Cobb, J.), entered February 18, 1993 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.

Supreme Court directed petitioner, by order to show cause, to serve respondent, the Attorney-General and the County Attorney for Albany County by ordinary first-class mail on or before October 16, 1992. Petitioner failed to comply with the service requirements and failed to show that "his imprisonment presented obstacles beyond his control which prevented him from complying with the service requirement” (Matter of Wright v Parole Div., 132 AD2d 821, 822). Petitioner thus failed to acquire personal jurisdiction over respondent and the proceeding was properly dismissed (see, Matter of Hoyer v Coughlin, 179 AD2d 921; Matter of Wright v Parole Div., supra).

Yesawich Jr., J. P., Crew III, White, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme [737]*737Court (Cobb, J.), entered February 18, 1993 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.

Supreme Court directed petitioner, by order to show cause, to serve respondent, the Attorney-General and the County Attorney for Albany County by ordinary first-class mail on or before October 16, 1992. Petitioner failed to comply with the service requirements and failed to show that "his imprisonment presented obstacles beyond his control which prevented him from complying with the service requirement” (Matter of Wright v Parole Div., 132 AD2d 821, 822). Petitioner thus failed to acquire personal jurisdiction over respondent and the proceeding was properly dismissed (see, Matter of Hoyer v Coughlin, 179 AD2d 921; Matter of Wright v Parole Div., supra).

Yesawich Jr., J. P., Crew III, White, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.

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197 A.D.2d 736, 602 N.Y.S.2d 703, 1993 N.Y. App. Div. LEXIS 9059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-chief-administrator-of-the-courts-nyappdiv-1993.

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