Harrell v. Fischer

Appeal from a judgment of the Supreme Court (Devine, J.), entered December 5, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner sought to commence a CPLR article 78 proceeding challenging the denial of his participation in a temporary release program. The order to show cause required petitioner to serve the papers “by ordinary First Class Mail, upon each named respondent and upon the Attorney General ... on or before August 10, 2012.” Respondent moved to dismiss the petition for lack of personal…