Peters, J.
Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent which denied his claim for accidental disability retirement benefits. Respondent moved to dismiss the proceeding on the ground that the failure to specify the return date of the proceeding in the notice of petition precluded the acquisition of personal jurisdiction over him. Finding that the absence of a return date in the notice of petition was a noncurable jurisdictional...
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