In re the Estate of Marko

Samuel J. Silverman, S.

This is a motion to vacate an order for substituted service in a discovery proceeding under SCPA 2103. The ground of the motion is that substituted service is not available in a discovery proceeding and that the method stated in SCPA 2103 (subd. 5) is exclusive.

SCPA 2103 (subd. 5) provides: “ Service of any order herein provided must be made by delivery of a certified copy thereof to the person or persons therein named and the payment or tender to each of the sum required to be paid to a witness as a subpoena fee.”

On the literal reading of the statute, movant has a…