Villalba v. State

—Appeal from a judgment of the Supreme Court (Keegan, J.), entered June 4, 1998 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.

Petitioner commenced this CPLR article 78 proceeding challenging the denial of his request for parole release. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction due to petitioner’s failure to serve respondent and the Attorney General with the necessary papers as set forth in the order to show cause. Given petitioner’s…