Franz v. Bd. of Educ., 112 A.D.2d 934 (N.Y. App. Div. 1985). · Go Syfert
Franz v. Bd. of Educ., 112 A.D.2d 934 (N.Y. App. Div. 1985). Cases Citing This Book View Copy Cite
7 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: Knox v. Poughkeepsie City School District (nysd, 2022-02-02)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Knox v. Poughkeepsie City School District (2×)
S.D.N.Y. · 2022 · confidence medium
Dist., 492 N.Y.S.2d 452, 453 (2d Dep’t 1985) (citations omitted).
discussed Cited "see, e.g." White v. Berryman (2×)
W. Va. · 1992 · signal: see, e.g. · confidence low
See, e.g., Franz v. Board of Educ. of Elwood Union Free Dist., 112 A.D.2d 934 , 492 N.Y.S.2d 452 (1985); Brakkee v. Rudnick, 409 N.W.2d 326 (N.D.1987); Nitardy v. Snohomish County, 105 Wash.2d 133 , 712 P.2d 296 (1986); Meadowdale Neighborhood Committee v. City of Edmonds, 27 Wash.App. 261 , 616 P.2d 1257 (1980). 16 A similar rule exists in the federal system under its service of process statute as to serving state public corporations.
Retrieving the full opinion text from the archive…
In the Matter of Marilyn Franz
v.
Board of Education of the Elwood Union Free School District
Appellate Division of the Supreme Court of the State of New York.
Aug 5, 1985.
112 A.D.2d 934
Cited by 20 opinions  |  Published

In a proceeding pursuant to CPLR article 78, petitioner appeals from so much of a judgment of the Supreme Court, Suffolk County (Morrison, J.), dated April 13, 1984, as dismissed the proceeding for lack of personal jurisdiction over the respondent.

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 [7]; 403 [c], [d]). The courts of this State have consistently required strict compliance with the statutory[*935] 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 NY 426; Chesney v Board of Educ., 5 NY2d 1007, affg 2 AD2d 761; Parochial Bus Sys. v Board of Educ., 60 NY2d 539; Byrne v State of New York, 104 AD2d 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 [13]). 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.