Lowney v. New York State Division of Human Rights

Pursuant to CPLR 307 (2), personal service upon a state officer sued in an official capacity or upon a state agency, “which shall be required to obtain personal jurisdiction,” must either be by delivery to the chief executive officer (here the Commissioner) or to a person or persons designated by such chief executive officer, or by certified mail. It is uncontested that service here was not performed by certified mail. Service to a secretary, as occurred here, did not provide the court with personal jurisdiction over the agency or Commissioner, and required dismissal of the proceeding, as the…