| Matter of Ventura v New York State Dept. of CorrectionalServs. |
| 2009 NY Slip Op 09350 [68 AD3d 1406] |
| December 17, 2009 |
| Appellate Division, Third Department |
| In the Matter of Freddy Ventura, Appellant, v New York StateDepartment of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 13, 2009 inGreene County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motionto dismiss the petition.
Petitioner, an inmate, commenced this proceeding by order to show cause issued onDecember 31, 2008, pursuant to which he was required to serve respondent and the AttorneyGeneral with the petition on or before January 16, 2009. Petitioner failed to serve the AttorneyGeneral until January 26, 2009 and respondent moved to dismiss the petition. Supreme Courtgranted the motion and claimant now appeals.
We affirm. "It is well settled that an inmate's failure to comply with the service requirementsof an order to show cause will result in the dismissal of the petition unless the inmatedemonstrates that obstacles presented by his or her imprisonment prevented compliance" (Matter of Hughes v Dennison, 40AD3d 1297 [2007] [citation omitted]; see Matter of Thomas v Selsky, 34 AD3d 904, 904 [2006]). Here,petitioner admittedly failed to timely serve the Attorney General and there is no evidence in therecord that his imprisonment interfered with his ability to effect proper service. Accordingly,Supreme Court properly dismissed the petition (see Matter of Mathie v Dennison, 39 AD3d 1059, 1060 [2007]).
Peters, J.P., Kane, Malone Jr., McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed, without costs.