Matter of DeVore v. Notice

Full title: In the Matter of VAN DeVORE, Appellant, v. IRENE E. NOTICE et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 25, 1992

185 A.D.2d 955 (N.Y. App. Div. 1992)

586 N.Y.S.2d 832

Opinion

August 25, 1992

Appeal from the Supreme Court, Queens County (Graci, J.).

Ordered that the judgment is affirmed, without costs or disbursements.

We find that the petitioner failed to effect service of the petition on the respondents in accordance with the terms of the order to show cause. In consequence, the court lacked jurisdiction to entertain the proceeding and, accordingly, properly dismissed it (see, Matter of Butler v. Gargiulo, 77 A.D.2d 939; Matter of Bruno v. Ackerson, 51 A.D.2d 1051, affd 39 N.Y.2d 718). Bracken, J.P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.