Kiesha G.-S. v. Alphonso S.

There is no documentation showing that the incarcerated respondent was served with the summons to appear at this family offense proceeding (see Chase Manhattan Bank v Carlson, 113 AD2d 734, 735 [1985] [“(a)bsent proper service of a summons, a default judgment is a nullity and once it is shown that proper service was not effected the judgment must be unconditionally vacated”]). Although the record does contain a copy of an order to produce, there is no evidence that such order was ever served, or that respondent was made aware that he had to request to be produced (see Matter of Jung [State…