Opinion
September 10, 1998
Appeal from the Supreme Court, Albany County (Keegan, J.).
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging the denial of his request for a waiver of the copying fees associated with his demand pursuant to the Freedom of Information Law (Public Officers Law art 6), for certain documents contained within his parole file. Respondents moved to dismiss the petition for lack of personal jurisdiction and petitioner's failure to demonstrate his entitlement to the requested waiver. Supreme Court granted the motion and we affirm. Petitioner's unexplained failure to comply with the terms of the order to show cause by serving a copy of same upon respondents requires dismissal of the petition for lack of personal jurisdiction ( see, Matter of Joshua v. Commissioner of Dept. of Correctional Servs., 240 A.D.2d 797; Matter of Martinez v. Coombe, 234 A.D.2d 825). In any event, petitioner has failed to demonstrate that respondents abused their discretion in denying his request for a waiver of the applicable copying fees ( see, 7 NYCRR 5.36). We have reviewed petitioner's remaining contentions and find them to be without merit.
Cardona, P.J., Mikoll, Mercure, Peters and Spain, JJ., concur.
Ordered that the judgment is affirmed, without costs.