THREE VILL. CENT. SCH. DIST., SETAUKET v. WACHTEL


63 A.D.2d 980 (1978)

Three Village Central School District, Setauket, Respondent, v. Eileen Wachtel, an Infant, by Her Father and Natural Guardian Philip J. Wachtel, Jr., Appellant, et al., Defendants

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

June 12, 1978


Order reversed insofar as appealed from, on the law and the facts, with $50 costs and disbursements payable by plaintiff-respondent, and cross motion granted.

Plaintiff sought to effect service of process on Eileen Wachtel, an infant over the age of 14 years, by complying with CPLR 308 (subd 2) and CPLR 309. In our view plaintiff failed to meet the requirements of those statutes since no copy of the summons and complaint was mailed either to the infant...

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