Elliott v. Butler

*879Appeal from a judgment of the Supreme Court (Spargo, J.), entered February 23, 2006 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for lack of personal jurisdiction.

Petitioner sought to commence this CPLR article 78 proceeding challenging a determination denying a grievance involving his failure to participate in a substance abuse program. In the order to show cause, Supreme Court directed that “service of this [o]rder to [s]how [c]ause, the petition, exhibits and any supporting affidavits, by ordinary [f]irst [c]lass…