MATTER OF KINZER v. EXECUTIVE DEP'T — DIV. OF PAROLE


255 A.D.2d 860 (1998)

682 N.Y.S.2d 249

In the Matter of Robert Kinzer, Appellant, v. Executive Department — Division of Parole, Respondent

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

November 25, 1998


Petitioner commenced this CPLR article 78 proceeding contending that respondent's determination to revoke his parole should be annulled. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction arising out of petitioner's admitted failure to serve respondent within the time requirements set forth in the order to show cause authorizing service by mail. Although procedural requirements may be relaxed in cases where "imprisonment presents obstacles...

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