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MATTER OF LOTHROP v. EDELSTEIN

112 A.D.2d 433 (1985)

In the Matter of David S. Lothrop, Petitioner, v. Harry Edelstein, Respondent

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

July 29, 1985

Proceeding dismissed, without costs or disbursements.

It is uncontradicted on the record that Judge Edelstein, the respondent here whose determination is under review, was never personally served in the instant proceeding. Petitioner served only the Attorney-General's office. Jurisdiction has not been obtained against Judge Edelstein, and the proceeding against him must, therefore, be dismissed (see, CPLR 7804 [c...

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