Gosine v. Russo
Opinion of the Court
While we agree with the hearing court that service was not made in accordance with the requirements of CPLR 312 (see, e.g., Matter of Heinisch v Geohringer, 121 AD2d 721; Matter of Sengstacken v Zoning Bd. of Appeals, 87 AD2d 651; Matter of Beck v Goodday, 24 AD2d 1016), we find that the statements made by the acting chairman to the petitioners’ attorney establishes that he, a proper person to be served (CPLR 312), expressly consented to the method of service employed (see, Roa v Westchester County Playland Commn., 34 AD2d 818, affd 28 NY2d 873). Hence it would be manifestly unfair to dismiss the petition for lack of jurisdiction under these circumstances. Mollen, P. J., Brown, Weinstein and Rubin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.