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NIEDERMEIER v. NASSAU COUNTY DEP'T OF SOC SERVS.

143 A.D.2d 78 (1988)

Philip Niedermeier, an Infant, by Helen Niedermeier, His Mother and Natural Guardian, et al., Respondents, v. Nassau County Department of Social Services et al., Appellants

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

August 1, 1988

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint is granted.

The record reveals that this action was commenced by the service of a summons with notice on or about November 28, 1984. The defendants thereafter served a demand for complaint dated December 17, 1984. The defendants moved to dismiss the action pursuant to CPLR 3012 (b), alleging that they never received the complaint. In opposition to the motion, the plaintiffs...

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