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Matter of Seifert v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 15, 1999
260 A.D.2d 823 (N.Y. App. Div. 1999)

Opinion

April 15, 1999

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


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction. Because petitioner failed to serve respondent and the Attorney General in accordance with the directive set forth in the order to show cause, the petition was properly dismissed ( see, Matter of Russo v. Goord, 251 A.D.2d 835). Accordingly, we are precluded from addressing the merits of the petition.

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

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Seifert v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 15, 1999
260 A.D.2d 823 (N.Y. App. Div. 1999)
Case details for

Matter of Seifert v. Selsky

Case Details

Full title:In the Matter of STEPHEN SEIFERT, Appellant, v. DONALD SELSKY, as Director…

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

Date published: Apr 15, 1999

Citations

260 A.D.2d 823 (N.Y. App. Div. 1999)
687 N.Y.S.2d 305

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