JEFFREYS v. JEFFREYS


38 A.D.2d 431 (1972)

Helen Jeffreys, Respondent, v. Clarence Jeffreys, Defendant, and City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 3, 1972.


Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Nina G. Goldstein of counsel), for appellant.

Nancy E. LeBlanc (Carolyn M. Heft of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Amy Juviler of counsel), amicus curiae.

RABIN, P. J., MUNDER, MARTUSCELLO and LATHAM, JJ., concur.


SHAPIRO, J.

The plaintiff, an indigent, seeking to institute this action for divorce, obtained an order pursuant to CPLR 1101 granting her permission to proceed as a poor person. Upon proof that the defendant, her husband, could not with due diligence be served by personal service or other approved statutory method, she obtained an order, upon consent of the appellant, the City of New York, permitting service on him by publication, with the expenses thereof...

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