The record establishes that the petitioner personally served the respondents Department of Social Services and its Commissioner in accordance with the order to show cause. Accordingly, it was error to dismiss the entire petition for failure to make proper service. However, the failure to serve the Attorney-General timely was jurisdictional, requiring dismissal of the petition as to him (see, Matter of Sorli v Coveney,
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MATTER OF OWENS v. NEW YORK STATE DEP'T OF SOC SERVS.
197 A.D.2d 414 (1993)
602 N.Y.S.2d 604
In the Matter of Alonzo Owens, Appellant, v. New York State Department of Social Services et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 14, 1993
October 14, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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