DAVIS v. FISCHER

512404.

95 A.D.3d 1568 (2012)

944 N.Y.S.2d 797

2012 NY Slip Op 4044

JACK DAVIS, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 24, 2012.


Petitioner attempted to commence this CPLR article 78 proceeding to challenge various prison disciplinary determinations made between 1989 and 2009. Respondents, in turn, moved to dismiss the petition based upon petitioner's failure to comply with the service requirements set forth in the order to show cause. Supreme Court granted the motion and this appeal ensued.

Absent personal jurisdiction over the parties, this Court is precluded from addressing the merits of...

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