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MATTER OF MONTGOMERY v. FOGG

74 A.D.2d 933 (1980)

In the Matter of Charles Montgomery, Petitioner, v. Walter T. Fogg, as Superintendent of Eastern New York Correctional Facility, et al., Respondents

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

March 6, 1980

Respondents in their answer maintain that personal jurisdiction over them was never obtained since the notice of petition was not properly served. An affidavit made by an Assistant Attorney-General alleges that the only service made in this proceeding was by mail and thus jurisdictionally defective since not in compliance with CPLR 403 (subd [c]). Petitioner's reply affidavit avers that personal service upon some of the respondents was made. Since service of the notice of...

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