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

Appellate Division of the Supreme Court of the State of New York·Decided March 14, 1997·Published·Cited by 1 cases

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.

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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