AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

In the Matter of WILFREDO MORALES, Appellant, v. DONALD SELSKY, as Director of Inmate Disciplinary Program of the New York State Department of Correctional Ser

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.

Use AI to get other relevant cases.

Comments

MATTER OF MORALES v. SELSKY
(Dec 14, 2000)