Matter of Villar v. Vekiarelis
| Decision Date | 20 February 2009 |
| Docket Number | 2009-01498. |
| Citation | 2009 NY Slip Op 01315,872 N.Y.S.2d 921,59 A.D.3d 642 |
| Parties | In the Matter of ANGEL L. DEL VILLAR, Appellant, v. DIGNA VEKIARELIS, Respondent, et al., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the final order 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'" (Matter of Master v Pohanka, 43 AD3d 478, 480 [2007], quoting Matter of Hennessey v DiCarlo, 21 AD3d 505, 505 [2005]). Even if we accept the petitioner's interpretation of the service provisions of the subject order to show cause, he nevertheless did not timely effect service of the order to show cause, initial verified petition, and supporting papers upon the objector by any of the methods of service which he claims were permitted. Accordingly, the application to dismiss the amended petition was properly granted and the proceeding was properly dismissed.
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