Kinzer v. Executive Department

—Appeal from a judgment of the Supreme Court (Canfield, J.), entered April 16, 1998 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 contending that respondent’s determination to revoke his parole should be annulled. Supreme Court dismissed the proceeding on the ground of lack of personal jurisdiction arising out of petitioner’s admitted failure to serve respondent within the time requirements set forth in the order to show cause…