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TRANSCRIPT #18

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-Validity of CPLR 308(1) service on defendant husband via in-hand delivery.
-Validity of CPLR 308(2) substituted service on defendant wife via delivery to husband and follow-up mailing to wife.
-Process server testified that he served defendants, husband and wife, at their Suffolk County residence.
-Process server, based in Suffolk County, testified that he was not required to be licensed to serve process in Suffolk County and that he maintained no logbook, GPS tracking records or photographs.
-Process server testified that defendant husband, whom he pointed out at the Traverse hearing, came to the door and confirmed the address but refused to acknowledge his identity or to accept the papers. Server testified that he walked across the street toward the neighbor’s house to inquire about defendants’ military status, whereupon defendant husband caught up with him and took two sets of the papers from him.
-Process Server followed up with a mailing to both defendants. Server erroneously addressed follow-up mail to Avenue instead of Drive; error reflected in his Affidavit of Service.
-Server cross-examined on discrepancy between his testimony and his Affidavit of Service regarding street number of defendants’ residence.
-Defendant husband denied ever having met the process server prior to seeing him at the Traverse hearing.
-Defendant wife testified that she had no knowledge of process server’s visit to the  residence. Defendant wife admitted on cross-examination, as testified to by the process server, that at the time of alleged service there was a black Mercedes-Benz automobile with vanity plates and a white dog in the driveway.

-Process server (direct examination; cross-examination; redirect examination)
-Defendant husband (direct examination; cross-examination)
-Defendant wife (direct examination; cross-examination)