FRANCIS v. GOORD (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Vincent J. FRANCIS, Petitioner, v. Glenn S. GOORD, Commissioner, New York State Department of Correctional Services, et al., Respondents.

Decided: November 12, 1999

PRESENT: GREEN, J.P., LAWTON, HAYES, HURLBUTT and BALIO, JJ.

Vincent J. Francis, petitioner. Kathleen M. Treasure, Albany, for respondents.

Respondents' motion to dismiss the amended petition for lack of personal jurisdiction should have been granted. Petitioner served the amended petition by mail upon the Attorney-General and the Oneida County Attorney, but served none of the respondents. “Absent a court order authorizing such service, petitioner did not obtain personal jurisdiction over respondents by serving the petition by mail upon the Attorney-General and the [Oneida] County Attorney” (Matter of Lowrance v. Coughlin, 190 A.D.2d 915, 593 N.Y.S.2d 597; see, Matter of Jarvis v. Coughlin, 88 A.D.2d 1041, 452 N.Y.S.2d 711; Matter of Jones v. Coughlin, 87 A.D.2d 953, 451 N.Y.S.2d 246). Thus, we dismiss the amended petition (see, CPLR 7804[g]; Schmitt v. Perales, 187 A.D.2d 1041, 593 N.Y.S.2d 486).

Amended petition unanimously dismissed without costs.

MEMORANDUM:

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