Legal Question in Business Law in New York
Good Service on Order to Show Cause
Yesterday I received in an envelop in my home mail box an "order to Show Cause" listing my brother at Petitioner and me as Respondent. It was ordered that service of a copy of the orders and papers be served on me, among others, on or before 4/21/00. The envelope the papers arrived in was dated 4/27/00. Does this constitute bad service? And how should i handle this?
2 Answers from Attorneys
Re: Good Service on Order to Show Cause
With an April date, I can only imagine that the court date was sometime in April/early May. Perhaps you needed to be served only as a 'bookkeeping'matter and the issue does not trouble you. If so, it does not matter.
If, however, the matter concerns you, and you are interested in the outcome,go to the court and pull the County Clerk file using the index number on the petition/prder to show cause and see if a decision was had. Take it from there.
Also, to accept the petition on the hearing date, the petitioner had to file an affidavit of service with the court showing that service was made. Review that also. With that date postmark, however, unless the court, in the Order to Show Cause, directed specific service, service is probably correct. Read the Order to be certain if you were served as the Court intended.
Good Luck
Re: Good Service on Order to Show Cause
It sounds to me like you were improperly served and you should contest service. However, if you fail to contest quickly (you may have already failed to raise a timely objection), your failure may be deemed an admission of service and/or a waiving of your right to contest service. Therefore, you should retain an attorney quickly and have the proper objection filed with the court. My firm has offices in Garden City, NY (516-484-8159) and New York, NY (212-385-1373) if you wish to schedule an appointment to discuss this matter.
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