Joshua v. Commissioner of Department of Correctional Services

Appeal from a judgment of the Supreme Court (Bradley, J.), entered December 16, 1996 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for lack of personal jurisdiction.

Petitioner, an inmate at Wallkill Correctional Facility in Ulster County, commenced this proceeding challenging a determination of respondents which denied his application to participate in a temporary work release program. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction arising out of petitioner’s failure to serve the…