Sharma v. New
Opinion of the Court
In March 2010 the mother filed a petition and order to show cause to modify the overnight visitation provisions contained in an order dated January 14, 2010, alleging that the father violated that order by taking the subject child “to a different hotel than the one . . . which he informed [the social worker] he would be using.” In an order dated July 9, 2010, the Family Court, inter alia, granted the mother’s petition so as to suspend the father’s overnight visitation. We reverse the order dated July 9, 2010, insofar as appealed from.
“ ‘The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with’ ” (Matter of Theodore T. [Charles T], 78 AD3d 955, 956-957 [2010], quoting Matter of Hennessey v DiCarlo, 21 AD3d 505, 505 [2005]; see Matter of El Greco Socy. of Visual Arts, Inc. v Diamantidis, 47 AD3d 929, 929 [2008]). “Moreover, where the court orders service by a particular date, all components of service must be accomplished by that date” (Matter of El Greco Socy. of Visual Arts, Inc. v Diamantidis, 47 AD3d at 929; see Matter of Sorli v Coveney, 51 NY2d 713, 714 [1980]; Matter of
In light of our determination, we need not reach the father’s remaining contentions. Rivera, J.P., Florio, Leventhal and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.