Britt v. Goord

—Appeal from a judgment of the Supreme Court (Bradley, J.), entered August 26, 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.

Petitioner commenced this CPLR article 78 proceeding seeking review of a determination finding him guilty of violating a prison disciplinary rule. Although petitioner served process upon the Attorney General, he failed to effect service upon respondent thereby violating the relevant directives in the order to show cause. Supreme Court thereafter granted…