From Casetext: Smarter Legal Research

Matter of Morales v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Dec 14, 2000
278 A.D.2d 603 (N.Y. App. Div. 2000)

Opinion

December 14, 2000.

Appeal from a judgment of the Supreme Court (Ferradino, J.), entered September 20, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition for lack of personal jurisdiction.

Wilfredo Morales, Attica, appellant in person.

Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.

Before: Mercure, J.P., Spain, Carpinello, Mugglin and Rose, JJ.


MEMORANDUM AND ORDER

Petitioner commenced this CPLR article 78 proceeding by way of an order to show cause signed on February 17, 1999 challenging a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules. Following petitioner's failure to serve the Attorney-General and respondent with all appropriate papers in accordance with the order to show cause, respondent moved to dismiss based on petitioner's failure to obtain personal jurisdiction. Supreme Court granted the motion and this appeal ensued.

We affirm. "Failure of an inmate to satisfy the service requirements set forth in an order to show cause requires dismissal for lack of jurisdiction absent a showing that imprisonment presented obstacles beyond his control which prevented compliance * * *" (Matter of Gittens v. Selsky, 193 A.D.2d 986, 987 [citations omitted]). Inasmuch as petitioner failed to make such a showing, we find that the petition was properly dismissed (see, Matter of Arce v. Eagen, 267 A.D.2d 520; Matter of Moncrieffe v. Goord, 249 A.D.2d 715).

ORDERED that the judgment is affirmed, without costs.


Summaries of

Matter of Morales v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Dec 14, 2000
278 A.D.2d 603 (N.Y. App. Div. 2000)
Case details for

Matter of Morales v. Selsky

Case Details

Full title:In the Matter of WILFREDO MORALES, Appellant, v. DONALD SELSKY, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 14, 2000

Citations

278 A.D.2d 603 (N.Y. App. Div. 2000)
718 N.Y.S.2d 234

Citing Cases

Torres v. Doling

We affirm. The record discloses that petitioner failed to comply with the provisions of the order to show…

Olivera v. Travis

Affidavits from respondent and the Attorney-General establish that neither has a record of being served with…