Appellate Division of the Supreme Court of New York, 2000

Houston v. Goord

Appellate Division of the Supreme Court of New York · Decided March 2, 2000

270 A.D.2d 543; 703 N.Y.S.2d 925; 2000 N.Y. App. Div. LEXIS 2375

Cases that cite this one

3 later published cases cite this decision.

Nelson Maddox v. State University of New York (Appellate Division of the Supreme Court of New York 2006)
Arosena v. Carpenter (Appellate Division of the Supreme Court of New York 2005)
Spirles v. Goord (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal from a judgment of the Supreme Court (Kane, J.), entered June 18, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for lack of personal jurisdiction.

*544Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of creating a disturbance, making false statements and being out of place. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction and we affirm. Because petitioner failed to serve respondent and the Attorney General in accordance with the relaxed service directives set forth in the order to show cause, the petition was properly dismissed (see, Matter of Vazquez v Travis, 262 AD2d 690, appeal dismissed 94 NY2d 796; Matter of Seifert v Selsky, 260 AD2d 823). Accordingly, we are precluded from addressing the merits of the petition.

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

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