Is Failure to Serve Notice to An Individual Within the Statutory 14-Day Period a Jurisdictional Defect ?
In Matter of Contessa v. McCarthy (40 N.Y.2d 890, 891 ), the Court directed that service be made by personal delivery "or, in the alternative, by mail posted on or before September 24, 1976."
The mailing was made by that date.
Indeed, the Court upheld service as "the method of service directed in the order to show cause was reasonably calculated to give notice to the necessary parties, and the mailing was made at such time and in such manner as would normally be expected to result in receipt by the addressees within the statutory 14-day period." (Id. at 891)
The general rule governing this area of law is set forth in Matter of Miranda v. Erie County Bd. of Elections (59 A.D.2d 643 [4th Dept 1977]):
"The candidate whose name is in issue is a necessary party to the proceeding, and he must be served individually within the 14-day period ... Failure to do so is a jurisdictional defect".