Tafari v. Mandalaywala

Appeal from an order of the Supreme Court (Elliott III, J.), entered July 20, 2015 in Albany County, which granted defendants’ motion to dismiss the complaint.

Plaintiff commenced this action pursuant to 42 USC § 1983 claiming that he had received inadequate medical care, naming as defendants medical and administrative personnel employed by the Department of Corrections and Community Supervision. After plaintiff served the Attorney General and defendants by first class mail rather than by personal service, defendants moved to dismiss the complaint on the ground that, among others, they had not…