Legal Opinion
Cox v. Axelrod
New York Supreme Court
Decided June 15, 1987PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Edwin Kassoff, J.
Petitioner brings this CPLR article 78 proceeding to annul and reverse a determination by respondents. Respondents cross-move for an order dismissing the petition on the ground of improper service.
CPLR 7804 (c) requires in a proceeding commenced pursuant to CPLR article 78 that service of a notice of petition and petition be made upon the respondent. CPLR 307 provides that where personal service upon a specified officer of a State *919agency is required to effect service on the agency, personal service shall be made upon such officer, the chief executive…
2Cases cited5 opinions
- Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
- Gavigan v. McCoyNew York Court of Appeals · 1975
- McLaughlin v. BerleAppellate Division of the Supreme Court of the State of New York · 1979
- McLaughlin v. BerleNew York Court of Appeals · 1980
- Leizer v. AmbachAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by2 opinions
- Rego Park Nursing Home v. StateAppellate Division of the Supreme Court of the State of New York · 1990
- Berkowitz by Berkowitz v. New York City Bd. of Educ.District Court, E.D. New York · 1996