Opinion
91604
Decided and Entered: January 23, 2003.
Appeal from a judgment of the Supreme Court (Cobb, J.), entered March 19, 2002 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.
Guy McEachin, Pine City, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.
Before: Cardona, P.J., Crew III, Spain, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Petitioner was a prison inmate when he commenced this CPLR article 78 proceeding to challenge Supreme Court's judgment dismissing his petition for lack of personal jurisdiction over respondent. The record discloses that petitioner failed to comply with an order to show cause that directed him to serve by mail respondent and the Attorney General with signed copies of the order to show cause, the verified petition and any supporting affidavits on or before November 29, 2001. Neither respondent nor the Attorney General was ever served with any documentation relating to petitioner's proceeding giving rise to a motion to dismiss for lack of jurisdiction.
"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 [citation omitted]; see Matter of Wilder v. New York State Div. of Parole, 249 A.D.2d 606, 606-607). Petitioner has failed to make any representations that would support the conclusion that his incarceration incapacitated him from satisfying the applicable procedural requirements relating to service (see Matter of Joshua v. Commissioner Dept. of Correctional Servs., 240 A.D.2d 797). Supreme Court's judgment dismissing the petition must, accordingly, be affirmed.
Cardona, P.J., Crew III, Spain, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed, without costs.