Calhoun v. Division of Parole
Cases that cite this one
3 later published cases cite this decision.
- Peralta v. Urgent Med. Care, P.C. (New York Supreme Court, Kings County 2024)
- Davis v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Davis v. Fischer (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
Appeal from a judgment of the Supreme Court (Lawliss, J.), entered April 27, 2011 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.
By order to show cause, petitioner sought to commence a CPLR article 78 proceeding challenging a determination denying his request for parole release. Respondent moved to dismiss the proceeding due to petitioner’s failure to comply with the service requirements set forth in the order to show cause. Supreme Court granted the motion and dismissed the petition. This appeal by petitioner ensued.
“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
Mercure, A.EJ., Lahtinen, Kavanagh, Stein 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.