Opinion
January 11, 1978
Cross motion by respondent Judges of the Albany County Court granted, without costs, and petition dated October 27, 1977, dismissed. Absent an order permitting service in a manner other than that provided for by CPLR 403 (subd [c]), service of the notice of petition and petition by mail upon respondents was insufficient to confer jurisdiction over them (Matter of Harlem Riv. Consumers' Coop. v State Tax Comm., 44 A.D.2d 738, affd 37 N.Y.2d 877). Were we to reach the merits of the petition, we would dismiss it as insufficient on the ground that petitioner has failed to demonstrate the deprivation of any constitutional or statutory rights. Mahoney, P.J., Sweeney, Kane, Main and Larkin, JJ., concur.