Majority
In March 2010 the mother filed a petition and order to show cause to modify the overnight visitation provisions contained in an order dated January 14, 2010, alleging that the father violated that order by taking the subject child “to a different hotel than the one . . . which he informed [the social worker] he would be using.” In an order dated July 9, 2010, the Family Court, inter alia, granted the mother’s petition so as to suspend the father’s overnight visitation. We reverse the order dated July 9, 2010, insofar as appealed from.
“ ‘The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with’ ” (Matter of Theodore T. [Charles T], 78 AD3d 955 , 956-957 [2010], quoting Matter of Hennessey v DiCarlo, 21 AD3d 505 , 505 [2005]; see Matter of El Greco Socy. of Visual Arts, Inc. v Diamantidis, 47 AD3d 929 , 929 [2008]). “Moreover, where the court orders service by a particular date, all components of service must be accomplished by that date” (Matter of El Greco Socy. of Visual Arts, Inc. v Diamantidis, 47 AD3d at 929 ; see Matter of Sorli v Coveney, 51 NY2d 713 , 714 [1980]; Matter of
In light of our determination, we need not reach the father’s remaining contentions. Rivera, J.P., Florio, Leventhal and Roman, JJ., concur.
Cases cited
- In re Theodore T. 78 AD3d 955 at 956-957 p. 1070
- Hennessey v. DiCarlo 21 AD3d 505 at 505 p. 1070
- El Greco Society of Visual Arts, Inc. v. Diamantidis 47 AD3d 929 at 929 p. 1070
- Sorli v. Coveney 51 NY2d 713 at 714 p. 1070
- Laurenzano v. Laurenzano 222 AD2d 560 at 560-561 p. 1071
- Ciampi v. Sgueglia 252 AD2d 755 at 757 p. 1071
- Church v. Church 294 AD2d 625 at 625-626 p. 1071