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Matter of Pacheco v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 904 (N.Y. App. Div. 1993)

Opinion

March 18, 1993

Appeal from the Supreme Court, Ulster County (Connor, J.).


By order to show cause dated October 17, 1991, Supreme Court directed petitioner to serve respondents by ordinary first-class mail, and the Attorney-General by first-class mail with return receipt request, on or before October 24, 1991. Petitioner admittedly failed to comply with the service requirements and did not show "that his imprisonment presented obstacles beyond his control which prevented him from complying with the service requirement" (Matter of Wright v. Parole Div., 132 A.D.2d 821, 822). Petitioner therefore did not acquire personal jurisdiction over respondents and the petition was properly dismissed (see, Matter of Hoyer v. Coughlin, 179 A.D.2d 921; Matter of Wright v. Parole Div., supra). We have considered petitioner's other procedural arguments and find them to be without merit.

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Pacheco v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 904 (N.Y. App. Div. 1993)
Case details for

Matter of Pacheco v. Selsky

Case Details

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

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

Date published: Mar 18, 1993

Citations

191 A.D.2d 904 (N.Y. App. Div. 1993)
595 N.Y.S.2d 338