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In the Matter of SERGIO ARROYO, Appellant, v. PHILIP COOMBE, JR., as Commissioner of the New York State Department of Correctional Ser

Petitioner failed to acquire personal jurisdiction over respondents when he failed to serve the signed order to show cause upon respondents and the Attorney-General as directed therein ( see, CPLR 3211[a][8]; see also, Matter of Marsalona v Coombe, 234 A.D.2d 841; Matter of Alevras v. Chairman of New York State Bd. of Parole, 118 A.D.2d 1020, 1021, appeal dismissed 68 N.Y.2d 753). Supreme Court's judgment dismissing the petition is, accordingly, affirmed.

Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

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MATTER OF ARROYO v. COOMBE
(May 1, 1997)