Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: MONROE COUNTY DEPARTMENT OF HUMAN SERVICES–CSEU, ON BEHALF OF WANDA G., PETITIONER–APPELLANT, v. DERRELL M., RESPONDENT–RESPONDENT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the petition is reinstated and the matter is remitted to Family Court, Monroe County, for further proceedings on the petition.
Memorandum: In this proceeding pursuant to article 5 of the Family Court Act, petitioner appeals from an order denying its objections to the order of the Support Magistrate. We conclude that Family Court erred in determining that it lacked personal jurisdiction over respondent because the affidavit of service did not include the last name of the person of “suitable age and discretion” who was served with process (§ 525[a]; see Dunn v. Pallett, 42 AD3d 807, 808–809; Matter of Commissioner of Social Servs. of City of N.Y. v Evans, 170 A.D.2d 225, 227–228; Plycon Transp. Group, LLC v. Kirschenbaum, 36 Misc.3d 1232[A], 2012 N.Y. Slip Op 51576[U], *3–5; see also CPLR 308[2] ). We further conclude that in any event the court erred in sua sponte dismissing the petition for lack of personal jurisdiction (see Buckeye Retirement Co., L.L.C., Ltd. v Lee, 41 AD3d 183, 183–184). We therefore reverse the order and reinstate the petition, and we remit the matter to Family Court for further proceedings thereon.
Frances E. Cafarell
Clerk of the Court
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: CAF 12–02378
Decided: November 15, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)