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: Martin DEKOM, appellant, v. Francis X. MORONEY, etc., et al., respondents.
In a proceeding pursuant to Election Law § 16–102, inter alia, to invalidate the organizational meeting of the North Hempstead Republican Committee held on September 20, 2011, the petitioner appeals from an order of the Supreme Court, Nassau County (Marber, J .), dated January 9, 2012, which granted the respondents' motion pursuant to CPLR 3211(a) to dismiss the petition.
ORDERED that the order is affirmed, with costs.
“The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with” (U.S. Bank N.A. v. Feliciano, 103 AD3d 791 [internal quotation marks omitted]; see City of New York v. Miller, 72 AD3d 726, 727; Matter of Del Villar v. Vekiarelis, 59 AD3d 642, 643). Here, the order to show cause provided that the respondents were to be served pursuant to CPLR 312, which requires personal delivery of process. Since the petitioner did not personally deliver the order to show cause and supporting papers to any respondent, the service in this case was ineffective to confer personal jurisdiction over the respondents (see Matter of Golden's Bridge Fire Dist. v. Westchester County Dept. of Health/Bd. of Health, 82 AD3d 1236; Matter of Randazzo v. Neufeld, 277 A.D.2d 387, 388; Matter of J & G Cent. Auto Collision v. Zoning Bd. of Appeals of Inc. Vil. of Val. Stream, 210 A.D.2d 407, 408; Matter of Heinisch v. Goehringer, 121 A.D.2d 721, 721–722; see also Matter of Franz v. Bd. of Educ. of Elwood Union Free School Dist., 112 A.D.2d 934, 934–935; cf. Matter of Perreten v. Westchester County Bd. of Health, 146 A.D.2d 779, 779–780; Matter of Gosine v. Russo, 124 A.D.2d 803, 804).
The parties' remaining contentions need not be addressed in light of our determination.
Thank you for your feedback!
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.
Decided: October 09, 2013
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)