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Matter of Franz v. Board of Education

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 934 (N.Y. App. Div. 1985)

Opinion

August 5, 1985

Appeal from the Supreme Court, Suffolk County (Morrison, J.).


Judgment affirmed, insofar as appealed from, without costs or disbursements.

In the absence of an order to show cause designating an alternative manner of service, personal service upon a school district must be made by delivering the initiatory papers to a "school officer" as that term is defined in the Education Law (CPLR 311; 403 [c], [d]). The courts of this State have consistently required strict compliance with the statutory procedures for the institution of claims against the State and its governmental subdivisions, and where the Legislature has designated a particular public officer for the receipt of service of process, we are without authority to substitute another ( see, Munroe v. Booth, 305 N.Y. 426; Chesney v. Board of Educ., 5 N.Y.2d 1007, affg 2 A.D.2d 761; Parochial Bus Sys. v. Board of Educ., 60 N.Y.2d 539; Byrne v. State of New York, 104 A.D.2d 782).

In the matter at bar, petitioner did not effectuate service in strict compliance with CPLR 311 (7). The notice of petition was personally delivered to respondent's secretary, who is not a "school officer" as set forth in the Education Law ( see, Education Law § 2). Because strict compliance was required, it is irrelevant that petitioner's process server allegedly relied upon the representations of the secretary and other of respondent's employees that the secretary was authorized to receive service of process. Accordingly, delivery of the notice of petition to the secretary was ineffective to acquire personal jurisdiction over respondent. Lazer, J.P., Bracken, Brown and Lawrence, JJ., concur.


Summaries of

Matter of Franz v. Board of Education

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 934 (N.Y. App. Div. 1985)
Case details for

Matter of Franz v. Board of Education

Case Details

Full title:In the Matter of MARILYN FRANZ, Appellant, v. BOARD OF EDUCATION OF THE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 5, 1985

Citations

112 A.D.2d 934 (N.Y. App. Div. 1985)

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