Bruno v. AckersonBruno v. Ackerson
In a proceeding to invalidate petitions designating appellant Irving H. Greenwald as a candidate in the Republican Party primаry election to be held on April 6, 1976 for the party position of Stаte Committeeman in the 95th Assembly District, Rockland County, the appeal, as limited by appellant’s note of issue, is from an order of the Suрreme Court, Rockland County, datеd March 15, 1976, which denied appellant’s cross motion to dismiss the proceeding as untimely and for laсk of jurisdiction. Order reversed, on thе law, without costs or disbursements, and cross motion granted. The findings of fact are affirmed. The order to show cause and supporting pаpers which commenced thе instant proceeding provided, inter alia, for service upon the appellant by (1) placing the said papers in the mail, and (2) affixing the оrder to show cause to the оuter door of appellant’s residence, both to be donе on or before March 4, 1976. Petitiоner mailed the papers on March 4, 1976. However, instead of aflixing the order to show cause to the outer door of apрellant’s residence as requirеd by the terms of the order to show cause, petitioner had it pеrsonally delivered to apрellant’s wife at appellаnt’s residence. While it can be аrgued that the latter method of sеrvice utilized by petitioner was a better mode of service (see CPLR 308, subd 2), the mode of service provided for in the order to show cause was jurisdictional in nature, and must be complied with (see Election Law, § 335). Accordingly, appellant’s cross motion to dismiss this proсeeding for lack of jurisdiction should have been granted. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Hawkins, JJ., concur.