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Barber v. Mahoney

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 2, 1989
151 A.D.2d 1040 (N.Y. App. Div. 1989)

Opinion

June 2, 1989

Appeal from the Supreme Court, Erie County, Ostrowski, J.

Present — Callahan, J.P., Boomer, Balio, Lawton and Davis, JJ. (Order entered Apr. 26, 1989.)


Order unanimously affirmed without costs. Memorandum: We conclude that the manner of service as provided in the order to show cause was reasonably calculated under all of the circumstances to apprise the respondent of the pendency of the proceeding and afford her the opportunity to present her objections (see, Mullane v. Central Hanover Trust Co., 339 U.S. 306, 314; Congregation Yetev Lev D'Satmar v. County of Sullivan, 59 N.Y.2d 418, 423). Respondent may not contest the court's jurisdiction over the Board of Elections where the Board appeared on the return date and has raised no objection (see, CPLR 3211 [a] [8]; [e]).


Summaries of

Barber v. Mahoney

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 2, 1989
151 A.D.2d 1040 (N.Y. App. Div. 1989)
Case details for

Barber v. Mahoney

Case Details

Full title:In the Matter of STEPHANIE A. BARBER, Respondent, v. EDWARD J. MAHONEY et…

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

Date published: Jun 2, 1989

Citations

151 A.D.2d 1040 (N.Y. App. Div. 1989)