Summary
upholding dismissal of variance holder's appeal from zoning board's determination that variance had lapsed under ordinance providing that variance shall become null and void if work has not been "commenced and diligently prosecuted within one year" after granting of variance
Summary of this case from Int'l Inv'rs v. Town Plan & Zoning Comm'n of the Town of FairfieldOpinion
March 19, 1990
Appeal from the Supreme Court, Dutchess County (Rosenblatt, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner failed to effect personal service of the notice of petition on the respondents and the New York State Attorney-General (CPLR 403 [c]; 307 [1]) and similarly failed to move for leave to effect a substituted method of service (CPLR 308; 7804 [c]). The failure of the petitioner to acquire personal jurisdiction over the respondents is a fatal defect precluding further action by this court (see, Macchia v Russo, 67 N.Y.2d 592). Kunzeman, J.P., Kooper, Sullivan and Miller, JJ., concur.