MATTER OF CALHOUN v. DIVISION OF PAROLE

512535.

93 A.D.3d 1009 (2012)

939 N.Y.S.2d 894

2012 NY Slip Op 1850

In the Matter of SIDNEY CALHOUN, Appellant, v. DIVISION OF PAROLE, Respondent.

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

Decided March 15, 2012.


By order to show cause, petitioner sought to commence a CPLR article 78 proceeding challenging a determination denying his request for parole release. Respondent moved to dismiss the proceeding due to petitioner's failure to comply with the service requirements set forth in the order to show cause. Supreme Court granted the motion and dismissed the petition. This appeal by petitioner ensued.

"The failure of an inmate to serve papers as directed by an order to show...

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