Opinion
June 3, 1999
Appeal from a judgment of the Supreme Court (Canfield, J.), entered August 13, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition for lack of personal jurisdiction.
Jose Vazquez, Marcy, appellant in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondents.
Before: CARDONA, P.J., MIKOLL, CREW III, PETERS and SPAIN, JJ.
MEMORANDUM AND ORDER
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding principally challenging a determination denying him parole release status. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction and we affirm. While it is true that procedural requirements for obtaining jurisdiction may be relaxed in cases where "imprisonment presents obstacles to service that are beyond an inmate's power to control" (Matter of Hoyer v. Coughlin, 179 A.D.2d 921, 921), petitioner presents nothing before this court that would support a conclusion that he was not capable of satisfying the applicable procedural requirements (see, Matter of Kinzer v. Executive Dept. — Div. of Parole, 255 A.D.2d 860, Thus, because petitioner failed to serve respondents and the Attorney-General in accordance with the relaxed service directives set forth in the order to show cause, the petition was properly dismissed (see,Matter of Russo v. Goord, 251 A.D.2d 835).
ORDERED that the judgment is affirmed, without costs.