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IN THE MATTER OF MICHAEL SPIRLES, Appellant, v. GLENN S. GOORD, AS COMMISSIONER OF THE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

MEMORANDUM AND ORDER

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a disciplinary determination finding him guilty of violent conduct, assault on staff, refusing a direct order, committing a sex offense and being out of place. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction and we affirm. Petitioner failed to serve respondent and the Attorney-General in accordance with the relaxed service directives set forth in the order to show cause (see, Matter of Houston v. Goord, 270 A.D.2d 543, 703 N.Y.S.2d 925; Matter of Burnside v. Lacy, 269 A.D.2d 634, 703 N.Y.S.2d 810). Accordingly, we are precluded from addressing the merits of the petition.

ORDERED that the judgment is affirmed, without costs.

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IN THE MATTER OF SPIRLES v. GOORD
(Jun 15, 2000)