finding that plaintiff "failed to effect proper service" and noting that "'leave and mail' service under Section 308 is ineffective where a plaintiff does not file proof of service with the clerk within twenty days of the date on which the process server mailed the summons and complaint"
Summary of this case from Dunham v. Town of RiverheadNo. 98-9047.
March 26, 1999.
Appeal from S.D.N.Y., 18 F.Supp.2d 271.
Decision without Published Opinion. Affirmed.
finding that plaintiff "failed to effect proper service" and noting that "'leave and mail' service under Section 308 is ineffective where a plaintiff does not file proof of service with the clerk within twenty days of the date on which the process server mailed the summons and complaint"
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Summary of this case from Gyadu v. Workers' Compensation Com'nFull title:EZEKWO v. AMERICAN BD. OF INTERNAL MEDICINE
Court:United States Court of Appeals, Second Circuit
Date published: Mar 26, 1999
Once a defendant raises a challenge to the sufficiency of service of process, the plaintiff bears the burden…
Dunham v. Town of RiverheadN.Y. C.P.L.R. § 308(2). "The rule also requires that 'proof of such service [ ] be filed with the clerk of…