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MATTER OF MESSINA v. McDERMOTT

264 A.D.2d 457 (1999)

693 N.Y.S.2d 457

In the Matter of ANTHONY J. MESSINA, Respondent, v. MICHAEL J. McDERMOTT et al., Appellants.

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

Decided August 18, 1999.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

The Supreme Court improperly found that service was effectuated in compliance with the order to show cause. The order to show cause specifically required service on the objector Michael McDermott by personal delivery and accordingly, the petitioner could not rely on the alternative methods of personal service provided for by CPLR...

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