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MATTER OF MARKO

56 Misc.2d 138 (1968)

In the Matter of The Estate of Julian L. Marko, Deceased.

Surrogate's Court, New York County.

February 9, 1968

Attorney(s) appearing for the Case

Nasaw & Cohn for Kathleen Marko, ancillary administratrix, petitioner. Lawrence Anderson for Ethel M. Stern, respondent.

SAMUEL J. SILVERMAN, S.

This is a motion to vacate an order for substituted service in a discovery proceeding under SCPA 2103. The ground of the motion is that substituted service is not available in a discovery proceeding and that the method stated in SCPA 2103 (subd. 5) is exclusive.

SCPA 2103 (subd. 5) provides: "Service of any order herein provided must be made by delivery of a certified copy thereof to the person or persons therein named...

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