MATTER OF MABRY v. COOMBE

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.