Opinion
September 30, 1987
Appeal from the Monroe County Surrogate's Court, Ciaccio, S.
Present — Dillon, P.J., Doerr, Boomer, Pine and Lawton, JJ.
Order unanimously modified on the law and as as modified affirmed without costs, in accordance with the following memorandum: Petitioner commenced this proceeding pursuant to SCPA 2103 by serving a copy of the citation and petition upon respondent Vergo's attorney. Unless a court order is obtained authorizing a form of substituted service, personal service is required to commence a proceeding in Surrogate's Court (SCPA 307; Matter of Marko, 56 Misc.2d 138). Petitioner did not seek an order of the court before resorting to substituted service; therefore, personal jurisdiction over respondent Vergo was not obtained in this proceeding. Consequently, the petition must be dismissed. We pass on no other issues.