IN THE MATTER OF HICKEY v. GOORD


3 A.D.3d 802 (2004)

770 N.Y.S.2d 904

In the Matter of PHILIP J. HICKEY, 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.

January 29, 2004.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating prison disciplinary rules by failing to comply with urinalysis testing procedures and refusing a direct order. Supreme Court dismissed the proceeding for lack of personal jurisdiction over respondent given petitioner's admission that he failed to serve respondent with the petition and supporting papers as directed in the order to show cause. We affirm. "Failure...

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