Shenko Electric, Inc. v. Hartnett

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1990-05-11
Citations: 161 A.D.2d 1212, 558 N.Y.S.2d 859
Copy Citations
1 Citing Case
Lead Opinion

Motion to dismiss granted. Memo

Page 1213
randum: Petitioner failed to effect personal service of the petition and notice of petition upon respondent. The mailing of process pursuant to CPLR 312-a does not effect personal service. Service is complete only when the acknowledgment of receipt in the form prescribed by CPLR 312-a (d) is mailed or returned to the sender (CPLR 312-a [b]). If the acknowledgment of receipt is not mailed or returned to the sender, the sender is required to effect personal service in another manner (CPLR 312-a [e], [f]; mem of Off of Ct Admin in support of L 1989, ch 274, 1989 McKinney’s Session Laws of NY, at 2563). Present—Boomer, J. P., Green, Pine, Balio and Lawton, JJ.