Ventura v. New York State Department of Correctional Services

Petitioner, an inmate, commenced this proceeding by order to show cause issued on December 31, 2008, pursuant to which he was required to serve respondent and the Attorney General with the petition on or before January 16, 2009. Petitioner failed to serve the Attorney General until January 26, 2009 and respondent moved to dismiss the petition. Supreme Court granted the motion and claimant now appeals.

We affirm. “It is well settled that an inmate’s failure to comply with the service requirements of an order to show cause *1407will result in the dismissal of the petition unless the inmate…