Burr v. Goord

Appeal from a judgment of the Supreme Court *612(LaBuda, J.), entered May 2, 2001 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of personal jurisdiction.

Petitioner initiated this CPLR article 78 proceeding to challenge a determination of respondent which found him guilty of violating certain prison disciplinary rules. Petitioner attempted to commence the proceeding by means of an order to show cause; however, he failed to serve respondent with all of the appropriate documents in accordance with the time…