Africa v. Affronti

Appellate Division of the Supreme Court of New York

Africa v. Affronti

237 A.D.2d 996, 656 N.Y.S.2d 1005, 1997 N.Y. App. Div. LEXIS 3708

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1997

StatusPublished

Cited by1 cases

This text of 237 A.D.2d 996 (Africa v. Affronti) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Africa v. Affronti, 237 A.D.2d 996, 656 N.Y.S.2d 1005, 1997 N.Y. App. Div. LEXIS 3708 (N.Y. Ct. App. 1997).

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Opinion

Motion granted and petition dismissed without costs. Memorandum: Petitioner properly commenced a CPLR article 78 proceeding by filing a notice of petition and petition in the Office of the Clerk of this Court (see, Spodek v New York State Commr. of Taxation & Fin., 85 NY2d 760). Petitioner, however, failed to serve a notice of petition and petition on respondent, and the petition is not verified by petitioner as required by CPLR 7804 (d). Therefore, the petition must be dismissed (see, Spodek v New York State Commr. of Taxation & Fin., supra). Present—Green, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

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Motion granted and petition dismissed without costs. Memorandum: Petitioner properly commenced a CPLR article 78 proceeding by filing a notice of petition and petition in the Office of the Clerk of this Court (see, Spodek v New York State Commr. of Taxation & Fin., 85 NY2d 760). Petitioner, however, failed to serve a notice of petition and petition on respondent, and the petition is not verified by petitioner as required by CPLR 7804 (d). Therefore, the petition must be dismissed (see, Spodek v New York State Commr. of Taxation & Fin., supra). Present—Green, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

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Bluebook (online)

237 A.D.2d 996, 656 N.Y.S.2d 1005, 1997 N.Y. App. Div. LEXIS 3708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/africa-v-affronti-nyappdiv-1997.

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