Appellate Division of the Supreme Court of New York, 2012

Wilson v. Bezio

Appellate Division of the Supreme Court of New York · Decided March 22, 2012

93 A.D.3d 1053; 940 N.Y.S.2d 496

Cases that cite this one

9 later published cases cite this decision.

Matter of Delfyette v. New York State Bd. of Parole (Appellate Division of the Supreme Court of New York 2019)
Matter of Allrich v. Regents Review Comm. Off. of Legal Servs. (Appellate Division of the Supreme Court of New York 2020)
Hubbell, Inc. v. Lazy Swan Golf & Country Club LLC (Appellate Division of the Supreme Court of New York 2020)
Matter of Pine v. Annucci (Appellate Division of the Supreme Court of New York 2017)
Matter of Jones v. Fischer (Appellate Division of the Supreme Court of New York 2015)
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)
Miller v. Brereton (Appellate Division of the Supreme Court of New York 2012)
Miller v. Brereton (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 (Platkin, J.), entered February 17, 2011 in Albany 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 to challenge a prison disciplinary determination. Respondent moved to dismiss the petition for lack of personal jurisdiction based upon petitioner’s failure to comply with the service requirements of the order to show cause. Supreme Court granted the motion and petitioner appeals.

Petitioner has not raised any arguments in his brief concerning the propriety of Supreme Court’s dismissal of the petition on jurisdictional grounds. Consequently, any such arguments are deemed abandoned (see Matter of Jones v Fischer, 84 AD3d 1604, 1605 [2011]; Matter of Bunting v Fischer, 84 AD3d 1631, 1632 [2011], lv denied 17 NY3d 709 [2011]). Petitioner advances *1054only substantive arguments for the annulment of the prison disciplinary determination. However, this Court cannot review the merits of the prison disciplinary determination in the absence of personal jurisdiction over the parties (see Matter of Spirles v Goord, 273 AD2d 568, 568-569 [2000], lv dismissed 96 NY2d 928 [2001]; Matter of Seifert v Selsky, 260 AD2d 823, 824 [1999]. Nor do we discern any error in Supreme Court’s determination that such jurisdiction was not obtained. Therefore, the judgment is affirmed.

Rose, J.E, Malone Jr., Stein, McCarthy 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.