MATTER OF VUTURO v. REGAN


78 A.D.2d 530 (1980)

In the Matter of Benedict P. Vuturo, Appellant, v. Bonita H. Regan, Respondent, et al., Respondent

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

September 4, 1980


Judgment affirmed, without costs or disbursements.

The order to show cause by which petitioner initiated the instant proceeding permitted service upon the objector in several ways, one of which was by certified mail, return receipt requested, mailed on or before August 18, 1980. The record shows, however, that the envelope of transmittal was postmarked August 19, 1980. Petitioner thus failed to timely commence the instant proceeding and his petition was properly dismissed...

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