Martinez v. Goord

Appeal from a judgment of the Supreme Court (Cobb, J.), entered June 20, 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, a prison inmate, commenced this CPLR article 78 proceeding to challenge a determination of respondent finding him guilty of violating certain prison disciplinary rules. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction as petitioner failed to serve either respondent or the Attorney General in accordance with the…