Barnes v. Prack

Appeal from a judgment of the Supreme Court (Breslin, J.), entered March 13, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

*895Petitioner sought to commence this CPLR article 78 proceeding to challenge three determinations finding him guilty of certain prison disciplinary rules. In the order to show cause, Supreme Court directed petitioner to effect service by first class mail upon respondent and the Attorney General on or before December 2, 2011 with all papers, including the original proof of service, to be…