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In the Matter of EDWARD RUSSO, Appellant, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Ser

Petitioner, a State prison inmate, commenced this CPLR article 78 proceeding to challenge administrative determinations placing him on administrative segregation and classifying him as a central monitoring case based upon a prior escape conviction. Supreme Court dismissed the petition, inter alia, on the ground of lack of personal jurisdiction. This appeal by petitioner ensued.

Inasmuch as the record demonstrates that petitioner failed to serve respondents in accordance with the directions set forth in the order to show cause, the petition was properly dismissed ( see, Matter of Joshua v. Commissioner of Dept. of Correctional Servs., 240 A.D.2d 797). Furthermore, we are not persuaded by petitioner's contention that obstacles beyond his control prevented him from complying with the order to show cause ( see, Matter of Boomer v. Walker, 242 A.D.2d 801).

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

Ordered that the judgment is affirmed, without costs.

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MATTER OF RUSSO v. GOORD
(Jun 18, 1998)