Plaintiff has moved by order to show cause and pursuant to CPLR § 7102 for an order authorizing the seizure of chattel from the defendant. The instant order to show cause was signed by a Justice of the Supreme Court on March 25, 2009 and directed personal service to be effectuated upon the defendant on or before March 31, 2009.

On April 17, 2009, the return date of the order to show cause, plaintiff's counsel appeared for oral argument on the instant motion and advised the court that plaintiff had received no opposition to the motion. Plaintiff's counsel submitted two affidavits of service, one alleging service of the instant order to show cause and the other alleging service of the summons and complaint. No one appeared on behalf of the defendant.

The affidavit of service of the order to show cause did not reflect a filing with the Kings County Clerk's officer and demonstrated service pursuant to CPLR §308 [4]. The affidavit of the process service alleges two unsuccessful attempts of service on the defendant at his alleged home address on March 28, 2009 at 6:50 am and on March 30, 2009 at 3:00 pm. The affidavit also alleges service by affixing the order to show cause on the door of defendant's usual place of abode on March 31, 2009 and by a mailing to the same address on April 1, 2009.

CPLR § 308 states, provides in pertinent part as follows:

Personal service upon a natural person shall be made by any of the following methods:

1. by delivering the summons within the state to the person to be served; or

2. by delivering the summons within the state to a person of suitable age and discretion at [*2]the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other.

4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing.

The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with (In the Matter of El Greco Society of Visual Arts, Inc. v. Diamantidis, 47 AD3d 929 [2-Dept 208]).

Moreover, where the court orders service by a particular date, all components of service must be accomplished by that date (In the Matter of El Greco Society of Visual Arts, Inc. v. Diamantidis, supra,; Matter of Sorli v Coveney, 51 NY2d 713 [1980]).

Service according to CPLR § 308[4] is deemed complete 10 days after filing of the affidavit of service. The order to show required personal service to be complete on or before March 31, 2009. By using the alternative service method set forth in CPLR § 308[4]) the earliest possible time that service could have be completed was ten days after April 1, 2009, assuming that the affidavit of service was filed with the Kings County Clerks' office on April 1, 2009, the earliest opportunity possible. Here, there is no proof of filing of the affidavit of service on either April 1, 2009, or anytime thereafter. Inasmuch as personal service was not completed as ordered, the instant order to show cause is denied without prejudice.

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J.S.C.