IN THE MATTER OF VARGAS v. UNGER


29 A.D.3d 1258 (2006)

816 N.Y.S.2d 572

In the Matter of SIMON VARGAS, Appellant, v. DAVID UNGER, as Superintendent of Orleans Correctional Facility, et al., Respondents.

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

May 25, 2006.


Petitioner commenced this CPLR article 78 proceeding by order to show cause to challenge a determination of the Time Allowance Committee. Supreme Court granted respondents' motion to dismiss the proceeding for lack of personal jurisdiction on the ground that petitioner failed to serve each respondent as directed in the executed order to show cause. It is well settled that an inmate's failure to comply with the service directives set forth in an order to show cause requires...

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