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Matter of Sannella v. Regan

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1985
111 A.D.2d 964 (N.Y. App. Div. 1985)

Opinion

June 6, 1985

Appeal from the Supreme Court, Albany County (Cholakis, J.).


The petition in this proceeding to review a determination of respondent was served only on the Attorney-General. In response to respondent's motion to dismiss the petition for lack of personal jurisdiction, the process server for petitioner alleged that he was advised by a person in the Attorney-General's New York City office that respondent did not maintain an office there, and that the Attorney-General would accept service on behalf of respondent and was authorized to accept it. Such representations, even if true, do not validate process that was not served in accordance with the mandates of CPLR 308, 403 PLR (c) and 7804 (c) ( Matter of Johnson v. New York State Employees' Retirement Sys., 90 A.D.2d 573). Even if service was properly made on the Attorney-General, which is doubtful herein in view of the provisions of CPLR 7804 (c) requiring that such service be "at an office of the attorney general in the county in which venue of the proceeding is designated", such service would not confer jurisdiction on respondent ( Matter of Jones v. Coughlin, 87 A.D.2d 953; Matter of Cohen v. State Tax Commn., 51 A.D.2d 79). Accordingly, the judgment of Special Term must be affirmed.

Judgment affirmed, without costs. Main, J.P., Casey, Yesawich, Jr., Levine and Harvey, JJ., concur.


Summaries of

Matter of Sannella v. Regan

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1985
111 A.D.2d 964 (N.Y. App. Div. 1985)
Case details for

Matter of Sannella v. Regan

Case Details

Full title:In the Matter of ANTHONY SANNELLA, Appellant, v. EDWARD V. REGAN, as…

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

Date published: Jun 6, 1985

Citations

111 A.D.2d 964 (N.Y. App. Div. 1985)

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