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MATTER OF BARCLAY v. STATE OF NEW YORK DEPT. OF CORRECTION SERV.

22 A.D.3d 974 (2005)

802 N.Y.S.2d 389

In the Matter of H. PATRICK BARCLAY, Appellant, v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

October 27, 2005.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered June 16, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition for lack of personal jurisdiction.

Petitioner, an inmate, commenced this CPLR article 78 proceeding by order to show cause, signed by Supreme Court on January 12, 2004, to challenge a prison disciplinary determination. The order to show cause required that petitioner...

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