MATTER OF TOWNES v. SELSKY


309 A.D.2d 1106 (2003)

766 N.Y.S.2d 603

In the Matter of KEITH TOWNES, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided October 30, 2003.


Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. Supreme Court granted respondents' motion to dismiss the petition on the ground of lack of personal jurisdiction because petitioner failed to serve each respondent with the signed order to show cause and petition as directed in the order to show cause. Absent a showing that imprisonment presented an obstacle to service beyond an inmate...

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