MATTER OF RUIZ v. McKENNA


54 A.D.2d 514 (1976)

In the Matter of Israel Ruiz, Jr., Appellant, v. Eugene R. McKenna, Respondent In the Matter of Eugene R. McKenna, Respondent, v. Israel Ruiz, Jr., Appellant

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

August 26, 1976


Affirmed, without costs and without disbursements.

In affirming, however, we note our disagreement with Special Term insofar as it confirmed the report of the Referee dated August 18, 1976, which sustained the respondent's objection to the validity of the service of the order to show cause commencing this proceeding. In our opinion this service was sufficient, and the proceeding was properly considered on the merits. We agree, on the merits, that respondent's designating...

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