Boddie v. Goord

Appeal from a judgment of the Supreme Court (Bradley, J.), entered August 30, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding seeking review of respondents’ decision denying his request for a pair of special sneakers deemed medically necessary by petitioner due to his degenerative foot condition. Supreme Court dismissed the proceeding for lack of personal jurisdiction based upon petitioner’s failure to comply with the service requirements set forth in the order…