Way v. Goord

Appeal from a judgment of the Supreme Court (McNamara, J.), entered February 5, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for lack of personal jurisdiction.

Petitioner commenced this CPLR article 78 proceeding challenging a determination denying him good time allowance. Because petitioner failed to timely serve the Attorney General with a signed order to show cause, Supreme Court dismissed the petition for lack of personal jurisdiction. Petitioner maintains that he complied with the technical requirements of the order because he…