proof that the party was properly served pursuant to law, as proper service is required to bring a
respondent within the jurisdiction of the court (see 6-8 W. 107 Assn. v Nuey, 135 Misc
2d 104, 107 [1987]; Jackson v New York City Hous. Auth., 88 Misc 2d 121, 123
[1976]).
Additionally, the filing of an affidavit of service at the commencement of a summary
proceeding starts the time for the respondent to file an answer and interpose a defense, and is
utilized in calculating the time for a default in appearance. In a nonpayment summary
proceeding, a respondent must answer within 10 days from the date of service and, upon his or
her failure to do so, the court shall render judgment in favor of the owner (see
RPAPL 732 [3]). These reasons are nonexistent in the context of the service of the warrant of
eviction where a final judgment has been rendered and the proceeding has been finalized. As
such, we find that filing the affidavit of service at the conclusion of service of a warrant of
eviction is not required, and the 14-day notice begins the day following the date of service,
posting or mailing, whichever is later (see Regan v Tally Ho Trucking Co., 103 Misc 2d
269, 273 [1980]).
Garry, P.J., and Colangelo, J., concur.
Pritzker, J. (dissenting). Although we agree with the majority that the appeal is moot, we part
ways because it is our opinion that the question before the Court does not fit within the exception
to the mootness doctrine; thus, we respectfully dissent. Because the eviction has already taken
place, in our view, respondents County of Albany and Albany County Sheriff's Department
(hereinafter collectively referred to as respondents) are now simply seeking an advisory opinion