Matter of Amaro v. Travis

Full title: In the Matter of CARLOS AMARO, Appellant, v. BRION D. TRAVIS, as Chairman…

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

Date published: Sep 16, 1999

264 A.D.2d 882 (N.Y. App. Div. 1999)

695 N.Y.S.2d 712

Opinion

September 16, 1999

Appeal from a judgment of the Supreme Court (Teresi, J.), entered September 1, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the proceeding for lack of jurisdiction.

Carlos Amaro, Rome, appellant in person.

Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.

Before: CARDONA, P.J., MIKOLL, MERCURE, CREW III and YESAWICH JR., JJ.

MEMORANDUM AND ORDER

Inasmuch as the record establishes that petitioner failed to serve either respondent or the Attorney-General with a copy of the petition as directed by the order to show cause, Supreme Court properly dismissed the proceeding for lack of jurisdiction (see, e.g., Matter of McRae v. New York State Div. of Parole, 221 A.D.2d 827). The judgment is, accordingly, affirmed.

CARDONA, P.J., MIKOLL, MERCURE, CREW III and YESAWICH JR., JJ., concur.

ORDERED that the judgment is affirmed, without costs.