Villalba v. State

Appellate Division of the Supreme Court of New York

Villalba v. State

260 A.D.2d 811, 687 N.Y.S.2d 306, 1999 N.Y. App. Div. LEXIS 4024

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

DecidedApril 15, 1999

StatusPublished

Cited by1 cases

This text of 260 A.D.2d 811 (Villalba v. State) 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

Villalba v. State, 260 A.D.2d 811, 687 N.Y.S.2d 306, 1999 N.Y. App. Div. LEXIS 4024 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Appeal from a judgment of the Supreme Court (Keegan, J.), entered June 4, 1998 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 the denial of his request for parole release. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction due to petitioner’s failure to serve respondent and the Attorney General with the necessary papers as set forth in the order to show cause. Given petitioner’s unexplained failure to comply with the service requirements of the order to show cause, dismissal of the petition was warranted (see, Matter of Wilder v New York State Div. of Parole, 249 AD2d 606). We accordingly affirm Supreme Court’s judgment dismissing the petition.

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

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a judgment of the Supreme Court (Keegan, J.), entered June 4, 1998 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 the denial of his request for parole release. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction due to petitioner’s failure to serve respondent and the Attorney General with the necessary papers as set forth in the order to show cause. Given petitioner’s unexplained failure to comply with the service requirements of the order to show cause, dismissal of the petition was warranted (see, Matter of Wilder v New York State Div. of Parole, 249 AD2d 606). We accordingly affirm Supreme Court’s judgment dismissing the petition.

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

Cite This Page — Counsel Stack

Bluebook (online)

260 A.D.2d 811, 687 N.Y.S.2d 306, 1999 N.Y. App. Div. LEXIS 4024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villalba-v-state-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack