People ex rel. Wager v. Greene

Appeal from a judgment of the Supreme Court (Berke, J.), entered December 13, 2005 in Washington County, which, in a proceeding pursuant to CPLR article 70, granted the motion of respondent Superintendent of Great Meadow Correctional Facility to dismiss the petition for lack of personal jurisdiction.

Petitioner attempted to commence this habeas corpus proceeding alleging that his continued incarceration is illegal because his conviction was obtained in violation of his constitutional rights. Supreme Court dismissed the petition for lack of personal jurisdiction, prompting this appeal.

We…