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Matter of Green v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 909 (N.Y. App. Div. 1999)

Opinion

January 21, 1999.

Appeal from the Supreme Court (Torraca, J.).


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating various prison disciplinary rules. Because petitioner served respondents and the Attorney General with an unexecuted order to show cause, Supreme Court dismissed the petition for lack of personal jurisdiction. While claimant asserts that he complied with the technical requirements of the order, service of an unsigned order to show cause has no legal effect ( see, Matter of Mabry v. Coombe, 251 A.D.2d 801; Matter of Boomer v. Walker, 242 A.D.2d 801). Supreme Court's judgment dismissing the petition for lack of personal jurisdiction is, accordingly, affirmed.

Cardona, P. J., Mikoll, Yesawich Jr., Carpinello and Graffeo, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Green v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 909 (N.Y. App. Div. 1999)
Case details for

Matter of Green v. Selsky

Case Details

Full title:In the Matter of SHAWN GREEN, Appellant, v. DONALD SELSKY, as Director of…

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

Date published: Jan 21, 1999

Citations

257 A.D.2d 909 (N.Y. App. Div. 1999)
682 N.Y.S.2d 647