Bokhour v. New York City School Construction Authority

Appellate Division of the Supreme Court of New York

Bokhour v. New York City School Construction Authority

70 A.D.3d 684, 892 N.Y.S.2d 877

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 2, 2010

StatusPublished

Cited by2 cases

This text of 70 A.D.3d 684 (Bokhour v. New York City School Construction Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bokhour v. New York City School Construction Authority, 70 A.D.3d 684, 892 N.Y.S.2d 877 (N.Y. Ct. App. 2010).

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Opinion

—Proceeding pursuant to EDPL 207 to review a determination of the New York City School Construction Authority dated January 16, 2009, made after a public hearing, to acquire certain real property by condemnation.

Adjudged that the proceeding is dismissed, with costs.

It is undisputed that the petitioner did not comply with the personal service requirements of CPLR 311 (see CPLR 311). Additionally, the petitioner did not satisfy the requirements set forth in CPLR 312-a, as he did not include with the papers he attempted to serve by mail a “statement of service by mail and [685]*685acknowledgment of receipt” (CPLR 312-a [a]; see Horseman Antiques, Inc. v Huch, 50 AD3d 963 [2008]). Accordingly, the proceeding must be dismissed for lack of personal jurisdiction over the respondent. Skelos, J.P., Santucci, Dickerson and Roman, JJ., concur.

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—Proceeding pursuant to EDPL 207 to review a determination of the New York City School Construction Authority dated January 16, 2009, made after a public hearing, to acquire certain real property by condemnation.

Adjudged that the proceeding is dismissed, with costs.

It is undisputed that the petitioner did not comply with the personal service requirements of CPLR 311 (see CPLR 311). Additionally, the petitioner did not satisfy the requirements set forth in CPLR 312-a, as he did not include with the papers he attempted to serve by mail a “statement of service by mail and [685]*685acknowledgment of receipt” (CPLR 312-a [a]; see Horseman Antiques, Inc. v Huch, 50 AD3d 963 [2008]). Accordingly, the proceeding must be dismissed for lack of personal jurisdiction over the respondent. Skelos, J.P., Santucci, Dickerson and Roman, JJ., concur.

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70 A.D.3d 684, 892 N.Y.S.2d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bokhour-v-new-york-city-school-construction-authority-nyappdiv-2010.

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