State v. Carroll

Full title: STATE OF NEW YORK, Respondent, v. ROBERTA CARROLL, Appellant, et al.…

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

Date published: May 6, 1999

261 A.D.2d 154 (N.Y. App. Div. 1999)

689 N.Y.S.2d 94

Opinion

May 6, 1999

Appeal from the Supreme Court, New York County (Stephen Crane, J.).

Plaintiff's completion of service pursuant to CPLR 308 (2) by mailing process directed to defendant Carroll to the residential mailing address provided by Carroll to plaintiff and at which she admitted to receiving residential mail was proper under circumstances in which plaintiff was unable to ascertain Carroll's actual residential address by reason of steps taken by Carroll to keep that address private ( see, Khayyam v. Doyle, 231 A.D.2d 475; Townsend v. Hanks, 140 A.D.2d 162).

Concur — Williams, J. P., Rubin, Mazzarelli and Buckley, JJ.