Olivera v. Travis

Appellate Division of the Supreme Court of New York

Olivera v. Travis

289 A.D.2d 655, 733 N.Y.S.2d 646, 2001 N.Y. App. Div. LEXIS 11653

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

DecidedDecember 6, 2001

StatusPublished

Cited by2 cases

This text of 289 A.D.2d 655 (Olivera v. Travis) 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.

Bluebook

Olivera v. Travis, 289 A.D.2d 655, 733 N.Y.S.2d 646, 2001 N.Y. App. Div. LEXIS 11653 (N.Y. Ct. App. 2001).

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Opinion

Appeal from a judgment of the Supreme Court (Malone, Jr., J.), entered March 8, 2001 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.

Petitioner commenced this CPLR article 78 proceeding challenging a determination denying his request for parole release. Supreme Court granted respondent’s motion to dismiss the petition for lack of personal jurisdiction due to petitioner’s failure to comply with the December 7, 2000 order to show cause, which directed petitioner to serve respondent and the Attorney General by first class mail with the order to show cause, petition and supporting papers on or before a specified date. Affidavits from respondent and the Attorney General establish that neither has a record of being served with a signed order to show cause or other necessary papers. Inasmuch as petitioner failed to comply with the service directives set forth in the order to show cause, and there being no indication that imprisonment presented an obstacle beyond his control that prevented compliance, we conclude that the petition was properly dismissed (see, Matter of Cruz v Goord, 278 AD2d 704; Matter of Morales v Selsky, 278 AD2d 603, lv denied 96 NY2d 708).

Cardona, P. J., Mercure, Crew III, Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Malone, Jr., J.), entered March 8, 2001 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.

Petitioner commenced this CPLR article 78 proceeding challenging a determination denying his request for parole release. Supreme Court granted respondent’s motion to dismiss the petition for lack of personal jurisdiction due to petitioner’s failure to comply with the December 7, 2000 order to show cause, which directed petitioner to serve respondent and the Attorney General by first class mail with the order to show cause, petition and supporting papers on or before a specified date. Affidavits from respondent and the Attorney General establish that neither has a record of being served with a signed order to show cause or other necessary papers. Inasmuch as petitioner failed to comply with the service directives set forth in the order to show cause, and there being no indication that imprisonment presented an obstacle beyond his control that prevented compliance, we conclude that the petition was properly dismissed (see, Matter of Cruz v Goord, 278 AD2d 704; Matter of Morales v Selsky, 278 AD2d 603, lv denied 96 NY2d 708).

Cardona, P. J., Mercure, Crew III, Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

289 A.D.2d 655, 733 N.Y.S.2d 646, 2001 N.Y. App. Div. LEXIS 11653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olivera-v-travis-nyappdiv-2001.

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