Opinion
May 1, 1997
Appeal from Supreme Court, Bronx County (Alan Saks, J.),
Appellants' filing of a removal petition to Federal court effected a general appearance precluding their objections to defective service under CPLR 308(1) or (2) after the case was remanded to State court ( Farmer v. National Life Assn., 138 N.Y. 265; Weinberg v. Colonial Williamsburg, 215 F. Supp. 633, 637 [ED NY]). To the extent that Simkins v. Gruenspan ( 118 Misc.2d 107) suggests that Farmer is no longer valid, it should not be followed.
Concur — Rosenberger, J.P., Nardelli, Rubin and Williams, JJ.