AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

In the Matter of BOBBY MABRY, Appellant, v. PHILIP COOMBE, JR., as Commissioner of the Department of Correctional Ser

Petitioner, an inmate at Wende Correctional Facility in Erie County, commenced this proceeding challenging a determination of respondents which found him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. Inasmuch as the record fails to establish that petitioner served a signed order to show cause upon respondents and the Attorney-General as directed therein, 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, lv denied 90 N.Y.2d 812); accordingly, we affirm.

Cardona, P.J., Mikoll, Peters, Spain and Carpinello, JJ., concur.

Ordered that the judgment is affirmed, without costs.

Use AI to get other relevant cases.

Comments

MATTER OF MABRY v. COOMBE
(Jun 11, 1998)