Opinion
No. 2009-01592.
February 2, 2010.
Proceeding pursuant to EDPL 207 to review a determination of the New York City School Construction Authority dated January 16, 2009, made after a public hearing, to acquire certain real property by condemnation.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Rochelle Cohen, Emily Cohen, and Adam Stolorow of counsel), for respondent.
Before: Skelos, J.P., Santucci, Dickerson and Roman, JJ., concur.
Adjudged that the proceeding is dismissed, with costs.
It is undisputed that the petitioner did not comply with the personal service requirements of CPLR 311 ( see CPLR 311). Additionally, the petitioner did not satisfy the requirements set forth in CPLR 312-a, as he did not include with the papers he attempted to serve by mail a "statement of service by mail and acknowledgment of receipt" (CPLR 312-a [a]; see Horseman Antiques, Inc. v Huch, 50 AD3d 963). Accordingly, the proceeding must be dismissed for lack of personal jurisdiction over the respondent.