O'Heaney v. O'Heaney

OPINION of the court

Dillon, P. J.

This appeal comes to us in a unique posture and presents the question of whether in a matrimonial action a showing that service of process under CPLR 308 (subds 1, 2) can*47not be made with due diligence is a precondition to an order for substituted service pursuant to subdivision a of section 232 of the Domestic Relations Law and CPLR 308 (subd 4). We hold that it is, and that substituted service pursuant to an order issued upon less than competent proof that the condition has been satisfied will not confer jurisdiction over the person of the defendant.

This…