MATTER OF BOGLE v. COUGHLIN


165 A.D.2d 972 (1990)

In the Matter of Gary E. Bogle, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

September 27, 1990


Although petitioner was directed by order to show cause to serve respondent and the Attorney-General by regular or certified mail on or before December 14, 1989, the postmark on the envelope containing the papers served indicates that service was not complete until December 19, 1989. Since petitioner failed to comply with the service requirements of the order to show cause, personal jurisdiction over respondent was not obtained and the petition was properly dismissed (

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