Vargas v. Unger

Appeal from a judgment of the Supreme Court (Bradley, J.), entered November 3, 2005 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 commenced this CPLR article 78 proceeding by order to show cause to challenge a determination of the Time Allowance Committee. Supreme Court granted respondents’ motion to dismiss the proceeding for lack of personal jurisdiction on the ground that petitioner failed to serve each respondent as directed in the executed order to show cause. It is…