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MATTER OF ARCULEO v. BLUM

89 A.D.2d 588 (1982)

In the Matter of John R. Arculeo, Appellant, v. Barbara Blum, as Commissioner of The Department of Social Services, Respondent

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

July 12, 1982

Judgment affirmed, without costs or disbursements.

Special Term was empowered by CPLR 409 (subd [b]) to make a summary determination on the pleadings. Petitioner's service upon respondent was defective (see CPLR 7804, subd [c]). Hence the court lacked jurisdiction over respondent and the dismissal of the proceeding was...

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