Kader v. Kader

• Citation: 18 N.Y.S.3d 247,132 A.D.3d 1376,2015 N.Y. Slip Op. 07384
• Decision Date: 09 October 2015
• Docket Number: 1024 CAF 14-01619.
• Parties: In the Matter of Paul KADER, II, Petitioner–Respondent, v. Megan L. KADER, Respondent–Appellant.
• Court: New York Supreme Court — Appellate Division

132 A.D.3d 1376
18 N.Y.S.3d 247
2015 N.Y. Slip Op. 07384

In the Matter of Paul KADER, II, Petitioner–Respondent
v.
Megan L. KADER, Respondent–Appellant.

1024 CAF 14-01619.

Supreme Court, Appellate Division, Fourth Department, New York.

Oct. 9, 2015.

18 N.Y.S.3d 247

Muscato, Dimillo & Vona, LLP, Lockport (Brian J. Hutchison of Counsel), for Respondent–Appellant.

Melissa A. Cavagnaro, Attorney for the Child, Buffalo.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, WHALEN, AND DeJOSEPH, JJ.

Opinion

MEMORANDUM:

132 A.D.3d 1376

In this proceeding pursuant to Family Court Act article 6, respondent mother appeals from a corrected order that denied her motion seeking to vacate a default order granting petitioner father sole custody of their child, and to dismiss the father's petition for custody. After the parents' relationship ended in December 2012, the mother and the child resided with the child's maternal grandmother. In February 2013, the mother ceased communicating with the father and denied him visitation with the child, and the father filed a petition for custody in April 2013. During business hours on three weekdays in May 2013, the process server unsuccessfully attempted to serve process on the mother at the grandmother's apartment. After the third attempt, the process server used the

132 A.D.3d 1377

“nail and mail” method of service at the grandmother's apartment. The grandmother testified at a hearing, however, that the mother had moved to Maryland in March 2013. The mother and the Attorney for the Child contend that Family Court erred in denying the mother's motion inasmuch as the court did not obtain personal jurisdiction over her by the “nail and mail” method of service because the

18 N.Y.S.3d 248

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