| Matter of Feldman v Feldman |
| 2008 NY Slip Op 06602 [54 AD3d 372] |
| August 12, 2008 |
| Appellate Division, Second Department |
| In the Matter of Henirich Feldman, Appellant, v PeriFeldman, Respondent. |
—[*1] Sally DeLuca, Brooklyn, N.Y. (Steven M. Bernstein of counsel), for respondent.
In a proceeding pursuant to Domestic Relations Law § 72 for grandparent visitation,the petitioner appeals, as limited by his brief, from so much of an order of the Supreme Court,Kings County (Kramer, J.), dated June 22, 2007, as granted the respondent's motion to confirmthe report of a Referee dated April 27, 2007, to vacate her default in appearing, and to dismiss thepetition.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the petitioner's contentions, the Supreme Court correctly confirmed the Referee'sreport finding that service of process was not made upon the respondent in accordance with theorder to show cause (see CPLR 2214 [d]). Since personal jurisdiction was never acquiredover the respondent, the order entered against her upon default was properly vacated, and thepetition was properly dismissed (seeAlden Personnel, Inc. v David, 38 AD3d 697 [2007]; Matter of Kapsis v Kelleher, 37 AD3d381 [2007]; European Am. Bank v Legum, 248 AD2d 206 [1998]; Goldmark vKeystone & Grading Corp., 226 AD2d 143 [1996]). There is no evidentiary support in therecord for the petitioner's conclusory assertion that the deadline for service specified in the orderto show cause was extended by the court.
The petitioner's remaining contentions are without merit. Ritter, J.P., Miller, Dillon andMcCarthy, JJ., concur.