RODWIN v. TOWNSEND

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

Matter of Lisa B. RODWIN, Joan Rogacki Warren and Caroline Esposito, Petitioners-Appellants, v. Sharon S. TOWNSEND and Laurence F. Adamczyk and Ralph M. Mohr, as Commissioners of Elections and Constituting Erie County Board of Elections, Respondents-Respondents.

Decided: August 22, 2001

PRESENT:  PIGOTT, JR., P. J., GREEN, PINE, WISNER and LAWTON, JJ. Mark Matthew Jasen, petitioners-appellants. Bradley J. Stamm, for respondent-respondent Sharon S. Townsend.

Supreme Court properly granted the motion of Sharon S. Townsend (respondent) seeking dismissal of this proceeding on the ground that petitioners failed to serve the order to show cause and petition upon respondent in the manner specified in the order to show cause and thus failed to obtain jurisdiction over her (see, Matter of Flynn v. Orsini, 286 A.D.2d 568, 730 N.Y.S.2d 465 [decided herewith];  Matter of Messina v. McDermott, 264 A.D.2d 457, 458, 693 N.Y.S.2d 457;  Matter of Washington v. Mahoney, 71 A.D.2d 1047, 1048, 420 N.Y.S.2d 796).   The order to show cause directed that respondent be served either personally or by the “nail and mail” method.   After several unsuccessful attempts to serve respondent personally, the process server mailed the papers to respondent and left them between the screen door and inner door of respondent's home.   The process server did not thereby properly affix the papers to respondent's door and thus petitioners failed to effect service in accordance with the provisions of the order to show cause (see, CPLR 308[4];  PacAmOr Bearings v. Foley, 92 A.D.2d 959, 960, 460 N.Y.S.2d 662;  see also, Siegel, N.Y. Prac § 74, at 111 [3d ed] ).

Order unanimously affirmed without costs.

MEMORANDUM: