PEOPLE EX REL. VICKERY v. WALSH

513223.

100 A.D.3d 1116 (2012)

952 N.Y.S.2d 914

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANTHONY VICKERY, Appellant, v. JOSEPH WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

November 8, 2012.


Petitioner, an inmate, made an application for a writ of habeas corpus alleging various constitutional violations and seeking release from prison. Supreme Court signed the writ, which directed petitioner to serve the writ and the petition on, among others, respondent and the Attorney General on or before December 3, 2010. Petitioner failed to do so, and the court subsequently dismissed the petition on jurisdictional grounds, without a hearing, also noting as an alternative...

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