Lamb v. Vergo

— Order unanimously modified on the law and as as modified affirmed without costs, in accordance with the following memorandum: Petitioner commenced this proceeding pursuant to SCPA 2103 by serving a copy of the citation and petition upon respondent Vergo’s attorney. Unless a court order is obtained authorizing a form of substituted service, personal service is required to commence a proceeding in Surrogate’s Court (SCPA 307; Matter of Marko, 56 Misc 2d 138). Petitioner did not seek an order of the court before resorting to substituted service; therefore, personal jurisdiction over respondent…