MATTER OF McCANTS v. TRAVIS


282 A.D.2d 851 (2001)

722 N.Y.S.2d 920

In the Matter of ANDRE T. McCANTS, Appellant, v. BRION D. TRAVIS, as Division of Parole Chair, Respondent.

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

Decided April 12, 2001.


Petitioner commenced this CPLR article 78 proceeding seeking to challenge a March 1999 determination denying his request for parole release. Supreme Court granted respondent's motion to dismiss the petition for lack of personal jurisdiction. This appeal by petitioner ensued.

The record establishes that petitioner failed to serve respondent as directed with a copy of the executed order to show cause. Although procedural requirements may be relaxed where imprisonment...

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