AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

In the Matter of JACK CAMPISI et al., Petitioners, v. VINCENT A. SCELBA, Respondent.

Adjudged that the proceeding is dismissed, without costs or disbursements.

Public Officers Law § 36 requires that an application for removal "shall be made upon notice to such officer of not less than eight days, and a copy of the charges upon which the application will be made must be served with such notice" (emphasis supplied). In the instant case, the respondent was personally served with an undated petition on or about June 28, 1990. Thereafter, the notice of petition alone was purportedly served by mail on July 12, 1990. Personal jurisdiction was not obtained, as the statute governing this type of special proceeding makes it clear that service of the notice of petition and the charges must be made together. Service of the petition alone does not confer jurisdiction in a special proceeding (see, Matter of New York State Rest. Assn. v. Board of Stds. Appeals, 19 A.D.2d 912), nor is it obtained by purported service by mail of the notice alone, as service of a notice of petition must be accomplished in the same manner as a summons (see, CPLR 403 [c]; Matter of DiChiara v. Chesworth, 139 A.D.2d 647). Mangano, P.J., Thompson, Lawrence, Eiber and Sullivan, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF CAMPISI v. SCELBA
(Oct 1, 1990)