Arkim v. Dillon

Appellate Division of the Supreme Court of New York

Arkim v. Dillon

222 A.D.2d 1116, 635 N.Y.S.2d 905, 1995 N.Y. App. Div. LEXIS 14271

Appellate Division of the Supreme Court of the State of New York·Decided December 22, 1995·Published·Cited by 4 cases

Opinion

—Petition unanimously dismissed without costs.

Memorandum: Petitioner commenced this original CPLR article 78 proceeding "in the nature of Prohibition and Mandamus” seeking to compel respondents to proceed on petitioner’s CPL article 440 motion that is pending in Erie County Court. The petition must be dismissed because petitioner failed to establish that he served the District Attorney, a necessary party, with a copy of the notice of petition and petition (see, CPLR 312-a). (Original Proceeding Pursuant to CPLR art 78.) Present — Green, J. P., Pine, Fallon, Callahan and Davis, JJ.

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—Petition unanimously dismissed without costs.

Memorandum: Petitioner commenced this original CPLR article 78 proceeding "in the nature of Prohibition and Mandamus” seeking to compel respondents to proceed on petitioner’s CPL article 440 motion that is pending in Erie County Court. The petition must be dismissed because petitioner failed to establish that he served the District Attorney, a necessary party, with a copy of the notice of petition and petition (see, CPLR 312-a). (Original Proceeding Pursuant to CPLR art 78.) Present — Green, J. P., Pine, Fallon, Callahan and Davis, JJ.

Arkim v. Dillon, 222 A.D.2d 1116, 635 N.Y.S.2d 905, 1995 N.Y. App. Div. LEXIS 14271 (N.Y. Ct. App. 1995).

Pincite

222 A.D.2d 1116 (Arkim v. Dillon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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