Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In re Dekom

Supreme Court of New York, Second Department

October 9, 2013

In the Matter of Martin Dekom, appellant,
v.
Francis X. Moroney, etc., et al., respondents. Index No. 10419/11

JOHN M. LEVENTHAL, J.P., L. PRISCILLA HALL, JEFFREY A. COHEN, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate the organizational meeting of the North Hempstead Republican Committee held on September 20, 2011, the petitioner appeals from an order of the Supreme Court, Nassau County (Marber, J.), dated January 9, 2012, which granted the respondents' motion pursuant to CPLR 3211(a) to dismiss the petition.

ORDERED that the order is affirmed, with costs.

"The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with" (U.S. Bank N.A. v Feliciano, 103 A.D.3d 791 [internal quotation marks omitted]; see City of New York v Miller, 72 A.D.3d 726, 727; Matter of Del Villar v Vekiarelis, 59 A.D.3d 642, 643). Here, the order to show cause provided that the respondents were to be served pursuant to CPLR 312, which requires personal delivery of process. Since the petitioner did not personally deliver the order to show cause and supporting papers to any respondent, the service in this case was ineffective to confer personal jurisdiction over the respondents (see Matter of Golden's Bridge Fire Dist. v Westchester County Dept. of Health/Bd. of Health, 82 A.D.3d 1236; Matter of Randazzo v Neufeld, 277 A.D.2d 387, 388; Matter of J & G Cent. Auto Collision v Zoning Bd. of Appeals of Inc. Vil. of Val. Stream, 210 A.D.2d 407, 408; Matter of Heinisch v Goehringer, 121 A.D.2d 721, 721-722; see also Matter of Franz v Bd. of Educ. of Elwood Union Free School Dist., 112 A.D.2d 934, 934-935; cf. Matter of Perreten v Westchester County Bd. of Health, 146 A.D.2d 779, 779-780; Matter of Gosine v Russo, 124 A.D.2d 803, 804).

The parties' remaining contentions need not be addressed in light of our determination.

LEVENTHAL, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.