Arce v. Eagen

—Appeal from a judgment of the Supreme Court (Teresi, J.), entered November 17, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for lack of personal jurisdiction.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding principally challenging a determination denying his grievance. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction and we affirm. Attached to respondent’s motion to dismiss is his sworn affidavit averring that he was never served with a copy of the amended order to show cause,…