Opinion
526806
01-24-2019
In the Matter of Jerome DELFYETTE, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.
Jerome Delfyette, Wallkill, appellant pro se. Letitia James, Attorney General, Albany (William E. Storrs of counsel, for respondent.
Jerome Delfyette, Wallkill, appellant pro se.
Letitia James, Attorney General, Albany (William E. Storrs of counsel, for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Hard, J.), entered April 13, 2018 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.
Petitioner commenced this CPLR article 78 proceeding by order to show cause challenging a determination of respondent denying his request for parole release. Supreme Court granted respondent's subsequent motion to dismiss the petition on the ground that the court lacked personal jurisdiction due to petitioner's failure to serve respondent in accordance with the order to show cause. Petitioner appeals.
Because petitioner does not raise in his brief any issues regarding the propriety of Supreme Court's dismissal of the petition on jurisdictional grounds, petitioner has abandoned any such arguments with respect thereto (see Matter of Pine v. Annucci , 155 A.D.3d 1201, 1202, 63 N.Y.S.3d 270 [2017], lv denied , 31 N.Y.3d 905, 2018 WL 2013436 [2018] ; Matter of Wilson v. Bezio , 93 A.D.3d 1053, 1053, 940 N.Y.S.2d 496 [2012] ). The only issues advanced by petitioner concern the merits of the determination denying his parole release, which this Court is precluded from addressing in the absence of personal jurisdiction over the parties (see Matter of Wilson v. Bezio , 93 A.D.3d at 1053–1054, 940 N.Y.S.2d 496 ).
Garry, P.J., Egan Jr., Lynch, Rumsey and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed, without costs.