“The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with” (Matter of Hennessey v. 21 505 505 59 642 643 43 478 480 (2010)

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

“The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with” (Matter of Hennessey v. DiCarlo, 21 AD3d 505, 505;  see Matter of Del Villar v. Vekiarelis, 59 AD3d 642, 643;  Matter of Master v. Pohanka, 43 AD3d 478, 480).  The Supreme Court properly determined that the petitioner failed to establish that he timely complied with the service requirements set forth in the order to show cause.  On the record before us, it appears that the petitioner failed to timely submit to the Supreme Court an affidavit of service indicating compliance with the service provision of the order to show cause with respect to the objector.  Therefore, the petition was properly denied and the proceeding was, in effect, properly dismissed.

2010-07868 (Index No. 19436 /10)

Decided: August 18, 2010

PETER B. SKELOS, J.P. JOSEPH COVELLO RUTH C. BALKIN LEONARD B. AUSTIN SANDRA L. SGROI, JJ.