McCorkle v. Beaver

Appeal from a judgment of the Supreme Court (McNamara, J.), entered October 1, 2003 in Albany County, which, in a proceeding pursuant to CFLR article 78, granted respondent’s motion to dismiss the petition for lack of personal jurisdiction.

Fetitioner commenced this CFLR article 78 proceeding challenging a determination finding him guilty of violating various prison disciplinary rules. Respondent moved to dismiss the petition on the ground that petitioner failed to serve the Attorney General with a copy of the signed order to show cause as directed. Supreme Court granted respondent’s motion…