Rios v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Rios v. New York State Board of Parole

269 A.D.2d 713, 704 N.Y.S.2d 895, 2000 N.Y. App. Div. LEXIS 2068

Appellate Division of the Supreme Court of the State of New York·Decided February 24, 2000·Published

Opinion

—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.

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 AD2d 823) and we are precluded from addressing the merits of the petition.

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

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—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.

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 AD2d 823) and we are precluded from addressing the merits of the petition.

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

Rios v. New York State Board of Parole, 269 A.D.2d 713, 704 N.Y.S.2d 895, 2000 N.Y. App. Div. LEXIS 2068 (N.Y. Ct. App. 2000).

Pincite

269 A.D.2d 713 (Rios v. New York State Board of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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