Opinion
June 6, 1988
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is reversed, on the law, with costs, and the respondent's motion is denied.
As no action by the respondent was pending against the County of Westchester or the Westchester County Police, his application for leave to serve a late notice of claim was improperly brought as a motion (see, Matter of Lannon v Town of Henrietta, 87 A.D.2d 980, affd on remand 109 A.D.2d 1067).
Even if this motion were to be treated as a special proceeding, the respondent did not effectuate service in strict compliance with CPLR 403 (c) and 311 (4). In order to obtain jurisdiction over the county or the County Police, he was required to serve a county official designated under CPLR 311 (4) by personal delivery of the papers to such an official (see, CPLR 403 [c]). Service of the notice of motion by mail upon a law firm which represented the county in various actions does not constitute service upon the proper official (see, Keogh v New York State Dept. of Health, 128 A.D.2d 841; Matter of Franz v Board of Educ., 112 A.D.2d 934, lv denied 67 N.Y.2d 603). Bracken, J.P., Kunzeman, Rubin and Spatt, JJ., concur.