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In the Matter of FRANK DiCHIARA, Appellant, v. DONALD O. CHESWORTH, as Superintendent of the New York State Police, Respondent.

Ordered that the judgment is affirmed, without costs or disbursements.

The return amply supports the finding of the Supreme Court, Dutchess County, that the petitioner had attempted to serve the notice of petition and petition by ordinary mail, without authority to proceed other than by personal service. Thus, the petitioner failed to obtain personal jurisdiction over the respondent and the court properly dismissed the proceeding. Mangano, J.P., Kunzeman, Rubin and Harwood, JJ., concur.

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MATTER OF DiCHIARA v. CHESWORTH
(Apr 18, 1988)