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IN THE MATTER OF KIESHA v. ALPHONSO S.

57 A.D.3d 289 (2008)

870 N.Y.S.2d 240

In the Matter of KIESHA G.-S., Respondent, v. ALPHONSO S., Appellant.

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

December 11, 2008.

There is no documentation showing that the incarcerated respondent was served with the summons to appear at this family offense proceeding (see Chase Manhattan Bank v Carlson, 113 A.D.2d 734, 735 [1985] ["(a)bsent proper service of a summons, a default judgment is a nullity and once it is shown that proper service was not effected the judgment must be unconditionally vacated"]). Although the record does contain a copy of an order...

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