Mabry v. Coombe

Appellate Division of the Supreme Court of New York

Mabry v. Coombe

251 A.D.2d 801, 673 N.Y.S.2d 339, 1998 N.Y. App. Div. LEXIS 6758

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 1998·Published·Cited by 3 cases

Opinion

—Appeal from a judgment of the Supreme Court (Harris, J.), entered June 3, 1997 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for lack of personal jurisdiction.

Petitioner, an inmate at Wende Correctional Facility in Erie County, commenced this proceeding challenging a determination of respondents which found him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. Inasmuch as the record fails to establish that petitioner served a signed order to show cause upon respondents and the Attorney-General as directed therein, [802]*802Supreme Court properly dismissed the petition for lack of personal jurisdiction (see, CPLR 3211 [a] [8]; see also, Matter of Arroyo v Coombe, 239 AD2d 634, lv denied 90 NY2d 812); accordingly, we affirm.

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Harris, J.), entered June 3, 1997 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for lack of personal jurisdiction.

Petitioner, an inmate at Wende Correctional Facility in Erie County, commenced this proceeding challenging a determination of respondents which found him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. Inasmuch as the record fails to establish that petitioner served a signed order to show cause upon respondents and the Attorney-General as directed therein, [802]*802Supreme Court properly dismissed the petition for lack of personal jurisdiction (see, CPLR 3211 [a] [8]; see also, Matter of Arroyo v Coombe, 239 AD2d 634, lv denied 90 NY2d 812); accordingly, we affirm.

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.

Mabry v. Coombe, 251 A.D.2d 801, 673 N.Y.S.2d 339, 1998 N.Y. App. Div. LEXIS 6758 (N.Y. Ct. App. 1998).

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