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RODRIGUEZ v. RODRIGUEZ

2011-04966.

103 A.D.3d 117 (2012)

957 N.Y.S.2d 699

2012 NY Slip Op 8713

DOUGLAS RODRIGUEZ, Appellant, v. PERDOMO M. RODRIGUEZ, Respondent, et al., Defendants.

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

December 19, 2012.

Attorney(s) appearing for the Case

Linda T. Ziatz , P.C., Forest Hills, for appellant.

Bruno, Gerbino & Soriano, LLP, Melville ( Charles W. Benton of counsel), for respondent.

RIVERA, J.P., ANGIOLILLO and COHEN, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

On this appeal, we are asked to decide whether the 20-day time period to file proof of service of process, when service is made upon a person of suitable age and discretion pursuant to CPLR 308 (2), applies to an action commenced in the Civil Court of the City of New York. For the reasons discussed below, we find that the 20-day time period does not apply.

In August 2007 the plaintiff commenced this action in the...

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