Murray v. Fischer

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered April 25, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner sought to commence a CPLR article 78 proceeding challenging a prison disciplinary determination. The order to *1301show cause required petitioner to serve the papers, “by ordinary [fjirst class mail, upon each named respondent and upon the Attorney General. . . on or before February 11, 2011.” Petitioner served the papers upon the Attorney General, but not upon respondent. Respondent,…