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MATTER OF BENNETT v. SELSKY

306 A.D.2d 597 (2003)

759 N.Y.S.2d 708

In the Matter of ANTHONY BENNETT, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided June 5, 2003.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating a prison disciplinary rule. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction as petitioner failed to serve respondent with the order to show cause or any supporting papers in accordance with the directives in the order to show cause. We affirm. An inmate's failure to satisfy the service requirements of an order to show cause...

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