Opinion
October 9, 1990
Appeal from the Supreme Court, Rockland County (Bergerman, J.).
Ordered that the appeal by Joel R. Fried, D.D.S., is dismissed, without costs or disbursements (see, CPLR 5511); and it is further,
Ordered that the order is affirmed, without costs or disbursements.
The plaintiffs attempted to serve the defendant Shandler pursuant to the substituted service provisions of CPLR 308 (2). However, the requisite mailing did not bear the legend "personal and confidential" on the envelope as required by the statute (see, CPLR 308). Since the plaintiffs failed to comply with the prescribed conditions, jurisdiction over Shandler was not acquired, and the complaint was properly dismissed as to him (see, Broomes-Simon v. Klebanow, 160 A.D.2d 973). Kooper, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.