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MATTER OF LOWNEY v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

1763, 108754/07

68 A.D.3d 551 (2009)

2009 NY Slip Op 9305

889 N.Y.S.2d 463

In the Matter of CYNTHIA LOWNEY, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, and NEW YORK STATE DEPARTMENT OF LABOR (UNEMPLOYMENT INSURANCE APPEAL BOARD), Respondent.

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

Decided December 15, 2009.

Pursuant to CPLR 307 (2), personal service upon a state officer sued in an official capacity or upon a state agency, "which shall be required to obtain personal jurisdiction," must either be by delivery to the chief executive officer (here the Commissioner) or to a person or persons designated by such chief executive officer, or by certified mail. It is uncontested that service here was not performed by certified mail. Service to a secretary, as occurred here, did not provide...

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