Bottom v. Murray

Proceeding unanimously dismissed without costs. Memorandum: Petitioner, an inmate at Auburn Correctional Facility, commenced this CPLR article 78 proceeding seeking to challenge a disciplinary determination by serving a copy of the notice of petition and petition on respondent and the Attorney General’s office by ordinary mail. Respondent served an answer raising an objection in point of law that petitioner failed to serve the petition either personally or pursuant to the terms of an order to show cause and therefore failed to acquire personal jurisdiction over respondent. Because the answer…