Appellate Division of the Supreme Court of the State of New York April 8, 1985 (Vitale v. Gelfand)

Under the circumstances of this case, in which the validity of service upon the appellant depends entirely upon the exact date on which the summons in the action was delivered to the Suffolk County Sheriff pursuant to CPLR 203 (b) (5), the apparent discrepancy between the date upon which the summons was “time-stamped” by the Sheriff’s Department and the affidavit of the deputy sheriff who