IN THE MATTER OF McCANTS v. TRAVIS

Petitioner commenced this CPLR article 78 proceeding seeking to challenge a March 1999 determination denying his request for parole release. Supreme Court granted respondent's motion to dismiss the petition for lack of personal jurisdiction. This appeal by petitioner ensued.

The record establishes that petitioner failed to serve respondent as directed with a copy of the executed order to show cause. Although procedural requirements may be relaxed where imprisonment presents an obstacle to service that is beyond an inmate's control (see, Matter of Boomer v. Walker, 242 A.D.2d 801), the lack of funds to photocopy an executed order to show cause does not present such an obstacle to service (see, id.; Matter of Martinez v. Coombe, 234 A.D.2d 825).

ORDERED that the judgment is affirmed, without costs.