Arlington v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Teresi, J.), entered February 18, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner, who is currently incarcerated in a prison in Georgia, sought by order to show cause to commence this CPLR article 78 proceeding challenging a parole detainer lodged against him by respondent. The order to show cause required that service of the order, the petition, exhibits and any supporting affidavits be served by ordinary first class mail upon each named respondent and the…