Root v. Root

The sole issue to be determined is whether or not the provisions contained in subdivision 3 of 308 CPLB relating to substituted service of process are applicable to a matrimonial action. The language contained in section 232 of the Domestic Belations Law is derived from section 1167 of the former Civil Practice Act and it specifically provides that in a matrimonial action a defendant may be served either personally or by publication pursuant to an order. The statute does not allude to any other mode of service of process and the courts have construed this to mean that substituted service is…