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IN THE MATTER OF ANTON SILKOWSKI, ET AL., appellants, v. SUSAN CACASE, ET AL., respondents-respondents, ET AL., respondents.

DECISION ORDER

ORDERED that the final order dated August 4, 2003, is affirmed, without costs or disbursements; and it is further,

ORDERED that the order dated August 22, 2003, is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly dismissed the proceeding as untimely, as the petitioners' method of service upon Susan Cacace, s/h/a Susan Cacase, a necessary party, was not reasonably calculated under the circumstances to complete service within the statutory time period ( see Matter of Contessa v. McCarthy, 40 N.Y.2d 890; Matter of Stabile v. DeFronzo, 231 A.D.2d 577; Matter of Green v. Mahr, 230 A.D.2d 873; cf. Matter of Leahy v. O'Rourke, 307 A.D.2d 1008 [2d Dept, Aug. 20, 2003]; Matter of Oppenheimer v. Carozza, 275 A.D.2d 427).

The petitioners' remaining contentions are without merit.

GOLDSTEIN, J.P., McGINITY, CRANE and RIVERA, JJ., concur.

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IN THE MATTER OF SILKOWSKI v. CACASE
(Sep 2, 2003)