Chavis v. Helf
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.