Olivera v. Travis

Appeal from a judgment of the Supreme Court (Malone, Jr., J.), entered March 8, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of personal jurisdiction.

Petitioner commenced this CPLR article 78 proceeding challenging a determination denying his request for parole release. Supreme Court granted respondent’s motion to dismiss the petition for lack of personal jurisdiction due to petitioner’s failure to comply with the December 7, 2000 order to show cause, which directed petitioner to serve respondent and…