Hoggard v. Hoggard

Nunez, J. P.

This is a proceeding pursuant to article 8 of the Family Court Act. It was originated by the filing of a petition by the wife alleging, inter alia, that her husband had attacked her and seeking appropriate relief pursuant to section 821 of the act. The Clerk of the court mailed a summons to the husband appellant directing him to appear for a hearing. No attempt at personal or substituted service was made prior to the mailing of the summons. On the return date appellant, on formal papers, moved for an order pursuant to CPLR 3211 (subd. [a], par. 8) dismissing the petition on the…