Opinion
December 14, 2000.
Appeal from a judgment of the Supreme Court (Ferradino, J.), entered September 20, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition for lack of personal jurisdiction.
Wilfredo Morales, Attica, appellant in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.
Before: Mercure, J.P., Spain, Carpinello, Mugglin and Rose, JJ.
MEMORANDUM AND ORDER
Petitioner commenced this CPLR article 78 proceeding by way of an order to show cause signed on February 17, 1999 challenging a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules. Following petitioner's failure to serve the Attorney-General and respondent with all appropriate papers in accordance with the order to show cause, respondent moved to dismiss based on petitioner's failure to obtain personal jurisdiction. Supreme Court granted the motion and this appeal ensued.
We affirm. "Failure of an inmate to satisfy the service requirements set forth in an order to show cause requires dismissal for lack of jurisdiction absent a showing that imprisonment presented obstacles beyond his control which prevented compliance * * *" (Matter of Gittens v. Selsky, 193 A.D.2d 986, 987 [citations omitted]). Inasmuch as petitioner failed to make such a showing, we find that the petition was properly dismissed (see, Matter of Arce v. Eagen, 267 A.D.2d 520; Matter of Moncrieffe v. Goord, 249 A.D.2d 715).
ORDERED that the judgment is affirmed, without costs.