Appellate Division of the Supreme Court of New York, 2011

Johnson v. Smith

Appellate Division of the Supreme Court of New York · Decided January 13, 2011

80 A.D.3d 931; 913 N.Y.S.2d 924

Cases that cite this one

6 later published cases cite this decision.

Matter of Washington County Dept. of Social Servs. v. Oudekerk (Appellate Division of the Supreme Court of New York 2022)
Matter of Washington County Dept. of Social Servs. v. Oudekerk (Appellate Division of the Supreme Court of New York 2022)
Matter of Community Hous. Improvement Program v. Commissioner of Labor (Appellate Division of the Supreme Court of New York 2018)
Matter of Reeder v. Annucci (Appellate Division of the Supreme Court of New York 2017)
People ex rel. Cox v. Hanstein (Appellate Division of the Supreme Court of New York 2013)
People ex rel. Cox v. Hanstein (Appellate Division of the Supreme Court of New York 2013)

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

— Cardona, P.J. Appeal from a judgment of the Supreme Court (O’Connor, J.), entered January 27, 2010 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging the denial of a grievance he filed with respect to an alleged error in the calculation of his sentence. Respondent moved to dismiss the petition for lack of personal jurisdiction, and Supreme Court granted the motion. Petitioner appeals.

*932Petitioner did not serve a notice of appeal on the Attorney General within 35 days after the Attorney General served upon him a copy of the judgment appealed from, nor did petitioner file a notice of appeal in the Ulster County Clerk’s office (see CPLR 5513 [a], [d]; 5515 [1]). Accordingly, the appeal must be dismissed (see Hecht v City of New York, 60 NY2d 57, 61 [1983]; O’Connor v Sleasman, 14 AD3d 986, 987 [2005]; Matter of Malik v Coughlin, 127 AD2d 948, 949 [1987]).

Spain, Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.