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PEOPLE EX REL. FIELDS v. MURRAY

289 A.D.2d 1089 (2001)

735 N.Y.S.2d 466

THE PEOPLE OF THE STATE OF NEW YORK ex rel. TONY FIELDS, Appellant, v. TIMOTHY MURRAY, as Superintendent of Groveland Correctional Facility, et al., Respondents.

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

Decided December 21, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

Petitioner appeals from a judgment denying his petition for a writ of habeas corpus. Because petitioner failed to serve the writ on respondents (see, CPLR 7005), Supreme Court should have dismissed the proceeding based on lack of personal jurisdiction over respondents (see, Matter of Luongo v Luongo, 111 A.D.2d 333, 334-335). In any event, the court properly...

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