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Matter of Messina v. McDermott

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1999
264 A.D.2d 457 (N.Y. App. Div. 1999)

Opinion

August 18, 1999.

Appeal from the Supreme Court, Westchester County (Scancarelli, J.).


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

The Supreme Court improperly found that service was effectuated in compliance with the order to show cause. The order to show cause specifically required service on the objector Michael McDermott by personal delivery and accordingly, the petitioner could not rely on the alternative methods of personal service provided for by CPLR 308 ( see, Matter of Velez v. Smith, 149 A.D.2d 753).

In light of our determination, we do not reach the parties' remaining contentions.

Bracken, J. P., Florio, McGinity, Feuerstein and Schmidt, JJ., concur.


Summaries of

Matter of Messina v. McDermott

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1999
264 A.D.2d 457 (N.Y. App. Div. 1999)
Case details for

Matter of Messina v. McDermott

Case Details

Full title:IN THE MATTER OF ANTHONY J. MESSINA, Respondent, v. MICHAEL J. McDERMOTT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 18, 1999

Citations

264 A.D.2d 457 (N.Y. App. Div. 1999)
693 N.Y.S.2d 457

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