Rodriguez v. Cowin

This is an application for an order directing the Commissioner of the matrimonial Conciliation Bureau *36to accept late filing of a notice of commencement of an action for divorce. Pursuant to subdivision a of section 215-c of the Domestic Relations Law, such a notice is required to be filed within 10 days after commencement of the action.

Counsel for petitioner alleges that the summons in this case was personally served on the defendant husband on October 3, 1967 in Sacramento, California, apparently in accordance with CPLR 313, but that the affidavit of service which had to be authenticated by…