Chavis v. Helf
Cases that cite this one
5 later published cases cite this decision.
- Rodriguez v. Fischer (Appellate Division of the Supreme Court of New York 2014)
- Rodriguez v. Fischer (Appellate Division of the Supreme Court of New York 2014)
- Calhoun v. Division of Parole (Appellate Division of the Supreme Court of New York 2012)
- Davis v. Evans (Appellate Division of the Supreme Court of New York 2012)
- Davis v. Evans (Appellate Division of the Supreme Court of New York 2012)
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
We affirm. The failure of an inmate to serve papers as directed by an order to show cause requires the dismissal of the petition on jurisdictional grounds, absent a showing by the inmate that imprisonment presented an obstacle to compliance (see Matter of Gantt v Lape, 83 AD3d 1349 [2011]; Matter of Pettus v Wetmore, 81 AD3d 1019, 1020 [2011]). Here, petitioner’s affidavit of service indicates that he did not attempt service of any papers on respondents, and respondent Department of Corrections and Community Supervision submitted a sworn affidavit from an employee indicating that it had not been served with the pleadings. Accordingly, Supreme Court properly granted respondents’ motion and dismissed the petition.
Spain, J.E, Rose, Kavanagh, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.