I received a Petition for Child Support
(first hearing) in the U.S. mail from the Monroe County Family Court
(Rochester, NY). It is my understanding that this petition is an Order to Show Course (OSC) action requiring two (2) original affidavits of service from the server.
If that is the case - then I have NOT been properly served. Correct?
All my research shows that courts have repeatedly stated that service requirements are to be strictly followed, even if the Respondent receives actual and prompt notice of the action as in this case where I received a standard U.S. Mail delivery (no "Personal and Confidential" markings either). See, e.g., Macchia v. Russo, 67 N.Y.2d 592, 595 (1986) (holding that “[n]otice received by means other than those authorized by statute does not bring a Respondent within the jurisdiction of the court”); Property Clerk v. Mason, 145 Misc.2d 1059, 1062 (Sup. Ct. N.Y. Co. 1989); (see also Def.’s Mem. Of Law in Support of MTD at 6).
This being said, can I file a Motion to Dismiss for Improper Service with the Support Magistrate BEFORE the hearing, or do I have to wait until the actual hearing and give the Support Magistrate the Motion to Dismiss for Improper Service? How does it get to a Traverse Hearing?
Really....first question I need answered is HOW can the Family Court of Monroe County, NY simply mail the petition without properly serving me? Is this the new "normal" protocol? The stamped date on the petition vs. my receiving the petition in the mail is only 2 weeks. I KNOW nobody attempted to come to the house to deliver it to my person.
Was thinking of going In Propria Persona...but am getting second thoughts.