Legal Opinion
Montgomery v. Fogg
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1980PublishedCited by 1 opinion
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Ulster County), to review a determination of the Department of Correctional Services finding petitioner guilty of violating departmental regulations. Respondents in their answer maintain that personal jurisdiction over them was never obtained since the notice of petition was not properly served. An affidavit made by an Assistant Attorney-General alleges that the only service made in this proceeding was by mail and thus jurisdictionally defective since not in compliance…
2Cases cited3 opinions
- Matter of Harlem River Consumers Coop., Inc. v. State Tax Comm'nNew York Court of Appeals · 1975
- Harlem River Consumers Cooperative, Inc. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1974
- Greenwaldt v. Judges of Albany County CourtAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by1 opinion
- Jones v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1982