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IN RE MATTER OF MOOGAN v. NEW YORK STATE DEPARTMENT OF HEALTH

8 A.D.3d 68 (2004)

778 N.Y.S.2d 161

In the Matter of SEAN MOOGAN, Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

June 10, 2004.

The earlier dismissal against the Department of Health was on the ground that petitioner had failed to include the legend "URGENT LEGAL MAIL" on the certified mail envelope sent to that Department, as required by CPLR 307 (2). The statute expressly states that such service "shall not be effective" without this legend, clearly establishing it as a jurisdictional requirement (see Alexander, Practice Commentaries, McKinney's Cons...

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