Cepeda v. Murray

While an inmate at Sullivan Correctional Facility in Sullivan County, petitioner was enrolled in courses at Marist College. After he was transferred to another correctional facility, he commenced this CPLR article 78 proceeding seeking to be transferred back to Sullivan Correctional Facility so that he could continue to take courses at Marist College. Supreme Court dismissed the petition on the basis that petitioner failed to comply with the service requirements of the order to show cause. Inasmuch as the record discloses that petitioner did not serve his papers upon any Department of…