Opinion
Decided September 29, 2004.
Appeal by NCO Portfolio Management, Inc. from an order of the Civil Court, Queens County (E. Walker, J.), entered July 23, 2003, dismissing its petition to confirm an arbitrator's award.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
Inasmuch as the affidavit of service for the notice of petition and petition failed to demonstrate that service under CPLR 308 (2) could not be made with due diligence ( see CPLR 403; see also Earle v. Valente, 302 AD2d 353; Silber v. Stein, 287 AD2d 494, 495; Gurevitch v. Goodman, 269 AD2d 355; Moran v. Harting, 212 AD2d 517), the process server improperly resorted to nail and mail service under CPLR 308 (4). Accordingly, the court below properly determined that it did not have personal jurisdiction over respondent Godhwani and dismissed the petition ( see e.g. Berger v. Amer. Transit Ins. Co., 3 Misc 3d 130 [A], 2004 NY Slip Op 50390 [U] [App Term, 2d 11th Jud Dists]; Traktman v. Melo, 2002 NY Slip Op 40530 [U] [App Term, 2d 11th Jud Dists]).