Zeek v. Zeek

In this proceeding for support pursuant to article 4 of the Family Court Act, the respondent was served with a summons by mail which he admittedly received prior to the return date set for the hearing on petitioner’s application.

Respondent has appeared specially through his attorney moving to set aside such service by mail on the grounds there has been no compliance with section 427 of the Family Court *759Act and accordingly the summons and any other subsequent process is invalid and the proceeding should be dismissed.

Admittedly service of the summons herein was not made personally (§ 427, subd,…