Martinez v. Coombe
Opinion of the Court
—Appeal from a judgment of the Supreme Court (Hughes, J.), entered February 15, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of jurisdiction.
Petitioner was found guilty of violating a prison disciplinary rule prohibiting the use of a controlled substance. After this finding was administratively affirmed, petitioner submitted an order to show cause to Supreme Court attempting to commence a proceeding pursuant to CPLR article 78 challenging the determination. The order to show cause was signed and ordered, inter alia, that service of the petition and order to show cause be made upon respondent and the Attorney-General by ordinary first class mail on or before a certain date. It is undisputed that petitioner failed to comply with these service directives. Accordingly, Supreme Court granted respondent’s motion to dismiss the petition for failure to obtain personal jurisdiction over respondent.
Mercure, J. P., Casey, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.