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MATTER OF VILLALBA v. STATE OF NEW YORK, DIVISION OF PAROLE, EXECUTIVE DEPARTMENT

260 A.D.2d 811 (1999)

687 N.Y.S.2d 306

In the Matter of ANGEL VILLALBA, Appellant, v. STATE OF NEW YORK, DIVISION OF PAROLE, EXECUTIVE DEPARTMENT, Respondent.

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

Decided April 15, 1999.

Petitioner commenced this CPLR article 78 proceeding challenging the denial of his request for parole release. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction due to petitioner's failure to serve respondent and the Attorney General with the necessary papers as set forth in the order to show cause. Given petitioner's unexplained failure to comply with the service requirements of the order to show cause, dismissal of the petition was warranted...

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