Zinger v. Zinger

This is a proceeding for support pursuant to article 4 ¡of the Family Court Act. The Clerk of the court mailed a summons to the respondent, directing’ him to appear for a hearing. No attempt at personal or substituted service was made prior to the mailing of the summons.

The respondent has appeared specially and moved, pursuant to CPLR 3211 (subd. [a], par. 8) to dismiss the petition on the ground that service by mail in the first instance does not comply with the requirements of section 427 of the Family Court Act and, therefore, this court lacks jurisdiction over the person of the respondent.