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MTR. OF PELOQUIN v. ARSENAULT

162 Misc.2d 306 (1994)

616 N.Y.S.2d 716

In the Matter of Richard T. Peloquin, Petitioner, v. Mark J. Arsenault et al., Constituting the Village Board of the Village of Tupper Lake, Respondents.

Supreme Court, Franklin County.

August 31, 1994

Attorney(s) appearing for the Case

Brooks & Meyer, Lake Placid (Richard B. Meyer of counsel), for plaintiff. Charles F. Murray, Tupper Lake, for respondents.

JAN H. PLUMADORE, J.

The affirmative defense of defective service is without merit: an order to show cause may be served in any manner the court directs (CPLR 403 [d]; 7804 [c]) which gives reasonable notice. Even mail service on the attorney is acceptable and is the customary mode of service in inmates' CPLR article 78 proceedings, for example. Petitioner was entitled to rely on Village records and Mr. Murray...

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