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MATTER OF LOMONACO v. TRAVIS

264 A.D.2d 872 (1999)

695 N.Y.S.2d 616

In the Matter of LEONARD LOMONACO, Appellant, v. BRION D. TRAVIS, as Chairman of the New York State Division of Parole, Respondent.

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

Decided September 9, 1999.

Inasmuch as petitioner, a prison inmate, failed to serve a signed order to show cause and petition upon respondent and the Attorney General, and there being no evidence that his imprisonment created an obstacle preventing his compliance with the service directives contained in the order to show cause (see, Matter of Gittens v Selsky, 193 A.D.2d 986, 987), Supreme Court properly dismissed...

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