Sosa v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered August 4, 2004 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 to challenge a determination denying his request for parole release. Supreme Court granted respondent’s motion to dismiss the proceeding for lack of personal jurisdiction due to petitioner’s failure to comply with the timing and manner of service as set *1048forth in the April 8, 2004 order to show cause.…