In re the Mortgages of Grasso

Appeal from an order of the Supreme Court (Doran, J.), entered January 30, 1990 in Schenectady County, which, upon reargument, adhered to its original decision denying respondent’s motion to dismiss the petition.

Supreme Court did not err when, upon reargument, it adhered to its original decision denying respondent’s motion to dismiss for failure to timely serve respondent personally with the petition. Pursuant to statute, Supreme Court, upon presentation of a petition to discharge an ancient mortgage, must order all interested persons to appear, and such order "shall be published in such…