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WILLIAMS v. INTERBORO GEN. HOSP.

59 A.D.2d 738 (1977)

Samuel Williams, as Administrator of The Estate of Helen Williams, Deceased, Respondent, v. Interboro General Hospital et al., Defendants, and M. B. Raskin, Appellant

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

October 17, 1977

Order affirmed insofar as appealed from, with $50 costs and disbursements.

We hold that a summons is "delivered" to the Sheriff in accordance with CPLR 203 (subd [b], par 5) when the plaintiff timely mails the summons, not when the Sheriff actually receives it. Delivery to the Sheriff does not require the constitutional protection afforded by personal service of a summons as notice to the defendant of the interposition of...

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