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MATTER OF ANDERSON v. McCOY

182 Misc.2d 842 (1999)

701 N.Y.S.2d 272

In the Matter of MARVIN ANDERSON et al., Petitioners, v. JOSEPH McCOY, as Superintendent of Cayuga Correctional Facility, Respondent.

Supreme Court, Cayuga County.

October 14, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Syracuse (Timothy P. Mulvey of counsel), for respondent.

Marvin Anderson, petitioner pro se.

Adam Bailey, petitioner pro se.

Robert Devon, petitioner pro se.

OPINION OF THE COURT

PETER E. CORNING, J.

Respondent has made motions to dismiss the above-captioned matters based on jurisdictional grounds. For purposes of this motion, these matters have been consolidated into one decision. Petitioners have been granted poor person status pursuant to CPLR 1101.

Respondent moves to dismiss these petitions for lack of proper service and failure to properly commence...

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