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In the Matter of STEPHEN SEIFERT, Appellant, v. DONALD SELSKY, as Director of Special Housing for the New York State Department of Correctional Ser

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction. Because petitioner failed to serve respondent and the Attorney General in accordance with the directive set forth in the order to show cause, the petition was properly dismissed ( see, Matter of Russo v. Goord, 251 A.D.2d 835). Accordingly, we are precluded from addressing the merits of the petition.

Mercure, J. P., Crew III, Peters, Spain and Graffeo, JJ., concur.

Ordered that the judgment is affirmed, without costs.

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MATTER OF SEIFERT v. SELSKY
(Apr 15, 1999)