MATTER OF WORMS


174 Misc.2d 923 (1997)

667 N.Y.S.2d 241

In the Matter of The Estate of Marie Worms, Deceased.

Surrogate's Court, New York County.

December 4, 1997


Attorney(s) appearing for the Case

Donald F. Moore, New York City, for petitioner.


RENEE R. ROTH, S.

At issue in this probate proceeding in the estate of Marie Worms is whether service of a citation on a nonresident, without court order, is valid under the requirements of SCPA 307 if made by United States Postal Service (USPS) Express Mail, return receipt requested.

Until 1995, service by mail was not proper without court order. But the governing statute, SCPA 307 (2) (b), was amended (L 1995, ch 481, eff Sept. 1, 1995) to provide...

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