People ex rel. Fields v. Murray

Judgment unanimously affirmed without costs. Memorandum: Petitioner appeals from a judgment denying his petition for a writ of habeas corpus. Because petitioner failed to serve the writ on respondents (see, CPLR 7005), Supreme Court should have dismissed the proceeding based on lack of personal jurisdiction over respondents (see, Matter of Luongo v Luongo, 111 AD2d 333, 334-335). In any event, the court properly denied the petition on the merits. Contrary to the contention of petitioner, the application of the 1997 parole guidelines (see, 9 NYCRR 8005.20 [c]) to him does not violate the…