In a matrimonial case where a wife returned to Iran, an appellate court in Rochester has upheld email service of an international divorce summons despite the fact that neither the Civil Practice Law and Rules nor the Hague Convention expressly permit service of process via email. The Appellate Division, Fourth Department, affirmed Acting Supreme Court Justice Richard Dollinger, who authorized email service on the wife only after other methods failed.
Dollinger had initially ordered personal service on the defendant wife’s parents, mail service on the defendant at her parents’ address in Iran and service on her Iranian attorney. The Fourth Department said that while email service is not specifically authorized under either the CPLR or the Hague Convention, it is not prohibited.
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