AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

PASCHAL A. CORBO, APPELLANT, v. GERALD J. STEPHENS, RESPONDENT (AND OTHER TITLES).

DECISION ORDER

ORDERED that the amended order is affirmed, with costs.

Under CPLR 308(5), a court is vested with the discretion to direct an alternative method for service of process when it has determined that the methods set forth in CPLR 308(1), (2), and (4) are "impracticable" (CPLR 308; see, Astrologo v. Serra, 240 A.D.2d 606; see also, Kelly v. Lewis, 220 A.D.2d 485). However, the court is without power to direct service of process pursuant to CPLR 308(5) absent a showing by the moving party that service is impracticable under the other subdivisions (see, Cooper-Fry v. Kolket, 245 A.D.2d 846; Hillary v. Grace, 213 A.D.2d 450; Tetro v. Tizov, 184 A.D.2d 633; Franchido v. Onay, 150 A.D.2d 518). Since the plaintiff failed to show that serving the defendant under CPLR 308(1), (2), or (4) would be impracticable, dismissal of the complaint was proper (see, Tetro v. Tizov, supra).

The plaintiff's remaining contention is without merit (see, United States v. O'Neil, 118 F.3d 65, 71-72, cert denied 522 U.S. 1064; Artache v. Goldin, 173 A.D.2d 667; Leob Rhoades Co. v. De Vries, 50 A.D.2d 552; State of New Hampshire v. Emanuel, 139 N.H. 57, 649 A.2d 53).

JOY, J.P., ALTMAN, GOLDSTEIN, and H. MILLER, JJ., concur.

Use AI to get other relevant cases.

Comments

CORBO v. STEPHENS
(May 22, 2000)