Barclay v. State of New York Department of Correctional Services

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J), entered June 16, 2004 in Albany 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, commenced this CPLR article 78 proceeding by order to show cause, signed by Supreme Court on January 12, 2004, to challenge a prison disciplinary determination. The order to show cause required that petitioner serve each respondent and the Attorney General with the order to show cause, petition, exhibits and supporting affidavits by…