Opinion
August 20, 1997
Appeal from the Supreme Court, Westchester County (Miller, J.).
Ordered that the cross appeal is dismissed, without costs or disbursements, as the cross appellant is not aggrieved by the portions of the judgment cross-appealed from ( see, CPLR 5511); and it is further,
Ordered that the judgment is affirmed, without costs or disbursements.
The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with ( see, Matter of McGreevy v. Simon, 220 A.D.2d 713; Matter of O'Daniel v. Hayduk, 59 A.D.2d 706, 707, affd 42 N.Y.2d 1062; Matter of Bruno v. Ackerson, 39 N.Y.2d 718, affg 51 A.D.2d 1051). The order to show cause which brought on this proceeding provided for "nail and mail" service pursuant to CPLR 308 (4) as a last resort, if service pursuant to CPLR 308 (1) or 308 (2) could not be made with due diligence. Here, no attempt was made to serve the respondent Mark C. Dillon at his place of employment, and thus, under the circumstances of this case, it cannot be said that the petitioners exercised due diligence in their attempt to serve Dillon before resorting to nail and mail service. Accordingly, the Supreme Court properly found that it was without jurisdiction to entertain this proceeding, and, as a result, the proceeding was properly dismissed.
Mangano, P.J., Thompson, Pizzuto, Krausman and Goldstein, JJ., concur.