From Casetext: Smarter Legal Research

Matter of Mabry v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1998
251 A.D.2d 801 (N.Y. App. Div. 1998)

Opinion

June 11, 1998

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


Petitioner, an inmate at Wende Correctional Facility in Erie County, commenced this proceeding challenging a determination of respondents which found him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. Inasmuch as the record fails to establish that petitioner served a signed order to show cause upon respondents and the Attorney-General as directed therein, Supreme Court properly dismissed the petition for lack of personal jurisdiction ( see, CPLR 3211 [a] [8]; see also, Matter of Arroyo v. Coombe, 239 A.D.2d 634, lv denied 90 N.Y.2d 812); accordingly, we affirm.

Cardona, P.J., Mikoll, Peters, Spain and Carpinello, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Mabry v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1998
251 A.D.2d 801 (N.Y. App. Div. 1998)
Case details for

Matter of Mabry v. Coombe

Case Details

Full title:In the Matter of BOBBY MABRY, Appellant, v. PHILIP COOMBE, JR., as…

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

Date published: Jun 11, 1998

Citations

251 A.D.2d 801 (N.Y. App. Div. 1998)
673 N.Y.S.2d 339

Citing Cases

Way v. Goord

Because petitioner failed to timely serve the Attorney General with a signed order to show cause, Supreme…

Matter of Green v. Selsky

Because petitioner served respondents and the Attorney General with an unexecuted order to show cause,…