Mabry v. Coombe, 251 A.D.2d 801

—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, Supreme 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.

Case Details

Case Name: Mabry v. Coombe

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 11, 1998

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

Court Abbreviation: N.Y. App. Div.