MATTER OF BRITT v. GOORD


305 A.D.2d 829 (2003)

758 N.Y.S.2d 551

In the Matter of DON JUAN BRITT, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided May 15, 2003.


Petitioner commenced this CPLR article 78 proceeding seeking review of a determination finding him guilty of violating a prison disciplinary rule. Although petitioner served process upon the Attorney General, he failed to effect service upon respondent thereby violating the relevant directives in the order to show cause. Supreme Court thereafter granted respondent's motion to dismiss the proceeding for lack of personal jurisdiction, prompting this appeal.

While procedural...

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