CONNELL v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Jason L. O'CONNELL, Petitioner-Respondent, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent-Appellant.

Decided: December 27, 2000

PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER and LAWTON, JJ.

Marcus J. Mastracco, Albany, for respondent-appellant. Rachna Vaid, Rochester, for petitioner-respondent.

Supreme Court erred in denying respondent's motion to dismiss the petition seeking to compel respondent to reinstate petitioner's driving privileges. Petitioner commenced this proceeding by order to show cause served at respondent's branch office in Rochester. Petitioner failed to serve the chief executive officer of respondent or that person's designated agent (see, CPLR 307[2]; 403[c], [d] ), resulting in a lack of personal jurisdiction over respondent (see, Matter of Lazich v. Nicolai, 254 A.D.2d 420, 678 N.Y.S.2d 742).

Judgment unanimously reversed on the law without costs, motion granted and petition dismissed.

MEMORANDUM:

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