Owens v. New York State Department of Social Services

Full title: In the Matter of ALONZO OWENS, Appellant, v. NEW YORK STATE DEPARTMENT OF…

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

Date published: Oct 14, 1993

197 A.D.2d 414 (N.Y. App. Div. 1993)

602 N.Y.S.2d 604

Opinion

October 14, 1993

Appeal from the Supreme Court, New York County (Alfred Toker, J.).

The record establishes that the petitioner personally served the respondents Department of Social Services and its Commissioner in accordance with the order to show cause. Accordingly, it was error to dismiss the entire petition for failure to make proper service. However, the failure to serve the Attorney-General timely was jurisdictional, requiring dismissal of the petition as to him (see, Matter of Sorli v. Coveney, 51 N.Y.2d 713; Matter of Bruno v. Ackerson, 39 N.Y.2d 718).

Concur — Rosenberger, J.P., Wallach, Asch and Rubin, JJ.