MATTER OF LOMONACO v. TRAVIS

Inasmuch as petitioner, a prison inmate, failed to serve a signed order to show cause and petition upon respondent and the Attorney-General, and there being no evidence that his imprisonment created an obstacle preventing his compliance with the service directives contained in the order to show cause (see,Matter of Gittens v. Selsky, 193 A.D.2d 986, 987), Supreme Court properly dismissed the petition for lack of personal jurisdiction (see, CPLR 3211 [a] [8]; see also, Matter of Arroyo v. Coombe, 239 A.D.2d 634, 635, lv denied 90 N.Y.2d 812; Matter of Marsalona v. Coombe, 234 A.D.2d 841). The judgment is, accordingly, affirmed.

CARDONA, P.J., MERCURE, PETERS, CARPINELLO and GRAFFEO, JJ., concur.

ORDERED that the judgment is affirmed, without costs.