Legal Opinion
Hoyer v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 1992PublishedCited by 12 opinions
1Opinion of the Court
Supreme Court properly dismissed the petition for lack of jurisdiction. It is true that rules concerning service of process can be relaxed where imprisonment presents obstacles to service that are beyond an inmate’s power to control (see, Matter of Alevras v Chairman of N. Y. Bd. of Parole, 118 AD2d 1020, appeal dismissed 68 NY2d 753). However, where the rules are eased, no jurisdiction is acquired if the service requirements capable of being satisfied have not been met (see, supra). That was the case here. The order to show cause provided that service was to be effected by certified mail and…
2Cases cited2 opinions
- Alevras v. Chairman of New York Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1986
- Washington v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by12 opinions
- Gittens v. SelskyAppellate Division of the Supreme Court of the State of New York · 1993
- Taylor v. PooleAppellate Division of the Supreme Court of the State of New York · 2001
- Joshua v. Commissioner of Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1997
- Marsalona v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Moncrieffe v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
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