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ALBINO v. CITY OF NEW YORK

39 A.D.2d 853 (1972)

Carmen G. Albino, Respondent-Appellant, v. City of New York, Respondent, and State of New York, Appellant-Respondent

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

June 6, 1972

Unanimously affirmed, without costs and without disbursements.

Murphy, J., concurring.

We concur in the affirmance of the order appealed from only because the question raised hereon has become moot, since personal service of process has been effected upon defendant. However, if the issue was still viable, we would vote to remand the proceeding to Special Term to fashion an alternate method of service under CPLR 308 (subd. 5). Since the due process...

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