From Casetext: Smarter Legal Research

Matter of O'Connell v. State DMV

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 829 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Judgment of Supreme Court, Monroe County, Bergin, J. — CPLR art 78.

PRESENT: PIGOTT, JR., P. J., PINE, WISNER, SCUDDER AND LAWTON, JJ.


Judgment unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Supreme Court erred in denying respondent's motion to dismiss the petition seeking to compel respondent to reinstate petitioner's driving privileges. Petitioner commenced this proceeding by order to show cause served at respondent's branch office in Rochester. Petitioner failed to serve the chief executive officer of respondent or that person's designated agent ( see, CPLR 307; 403 [c], [d]), resulting in a lack of personal jurisdiction over respondent ( see, Matter of Lazich v. Nicolai, 254 A.D.2d 420).


Summaries of

Matter of O'Connell v. State DMV

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 829 (N.Y. App. Div. 2000)
Case details for

Matter of O'Connell v. State DMV

Case Details

Full title:MATTER OF JASON L. O'CONNELL, PETITIONER-RESPONDENT, v. NEW YORK STATE…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 829 (N.Y. App. Div. 2000)
717 N.Y.S.2d 444