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In the Matter of Spirles v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 15, 2000
273 A.D.2d 568 (N.Y. App. Div. 2000)

Opinion

Decided and Entered: June 15, 2000

Appeal from a judgment of the Supreme Court (Bradley, J.), entered September 13, 1999 in Ulster County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for lack of personal jurisdiction.

Michael Spirles, Pine City, appellant in person.

Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondent.

Before: Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ.


MEMORANDUM AND ORDER

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a disciplinary determination finding him guilty of violent conduct, assault on staff, refusing a direct order, committing a sex offense and being out of place. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction and we affirm. Petitioner failed to serve respondent and the Attorney-General in accordance with the relaxed service directives set forth in the order to show cause (see, Matter of Houston v. Goord, 270 A.D.2d 543, 703 N.Y.S.2d 925; Matter of Burnside v. Lacy, 269 A.D.2d 634, 703 N.Y.S.2d 810). Accordingly, we are precluded from addressing the merits of the petition.

ORDERED that the judgment is affirmed, without costs.


Summaries of

In the Matter of Spirles v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 15, 2000
273 A.D.2d 568 (N.Y. App. Div. 2000)
Case details for

In the Matter of Spirles v. Goord

Case Details

Full title:IN THE MATTER OF MICHAEL SPIRLES, Appellant, v. GLENN S. GOORD, AS…

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

Date published: Jun 15, 2000

Citations

273 A.D.2d 568 (N.Y. App. Div. 2000)
710 N.Y.S.2d 553

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