SCHMITT v. PERALES

Petition unanimously dismissed without costs. Memorandum: Pursuant to CPLR 7804 (g), we consider respondents' contention that the petition should be dismissed for lack of personal jurisdiction (see, Matter of Desmone v Blum, 99 A.D.2d 170; 8 Weinstein-Korn-Miller, N Y Civ Prac ¶ 7804.09). Because the notice of petition failed to set forth the time and place of the scheduled hearing on the petition, personal jurisdiction was not acquired over respondents and the petition should have been dismissed (see, Travis v New York State Dept. of Envtl. Conservation, 185 A.D.2d 714; Matter of RECYCLE v Lacatena, 163 A.D.2d 693, 694).