From Casetext: Smarter Legal Research

Matter of Russo v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 835 (N.Y. App. Div. 1998)

Opinion

June 18, 1998

Appeal from the Supreme Court (Torraca, J.).


Petitioner, a State prison inmate, commenced this CPLR article 78 proceeding to challenge administrative determinations placing him on administrative segregation and classifying him as a central monitoring case based upon a prior escape conviction. Supreme Court dismissed the petition, inter alia, on the ground of lack of personal jurisdiction. This appeal by petitioner ensued.

Inasmuch as the record demonstrates that petitioner failed to serve respondents in accordance with the directions set forth in the order to show cause, the petition was properly dismissed ( see, Matter of Joshua v. Commissioner of Dept. of Correctional Servs., 240 A.D.2d 797). Furthermore, we are not persuaded by petitioner's contention that obstacles beyond his control prevented him from complying with the order to show cause ( see, Matter of Boomer v. Walker, 242 A.D.2d 801).

Mercure, J. P., Crew III, Yesawich Jr., Spain and Graffeo, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Russo v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 835 (N.Y. App. Div. 1998)
Case details for

Matter of Russo v. Goord

Case Details

Full title:In the Matter of EDWARD RUSSO, Appellant, v. GLENN S. GOORD, as…

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

Date published: Jun 18, 1998

Citations

251 A.D.2d 835 (N.Y. App. Div. 1998)
673 N.Y.S.2d 617

Citing Cases

Matter of Vazquez v. Travis

Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction and we affirm. While it…

Matter of Seifert v. Selsky [3d Dept 1999

Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction. Because petitioner…