Arkim v. Dillon
This text of 222 A.D.2d 1116 (Arkim v. Dillon) 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.
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
222 A.D.2d 1116, 635 N.Y.S.2d 905, 1995 N.Y. App. Div. LEXIS 14271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkim-v-dillon-nyappdiv-1995.