Ortiz v. Wagner

Appellate Division of the Supreme Court of New York

Ortiz v. Wagner

196 A.D.2d 444, 602 N.Y.S.2d 530

Appellate Division of the Supreme Court of the State of New York·Decided August 18, 1993·Published

Opinion

Judgment, Supreme Court, Bronx County (Fred W. Eggert, J.), entered on August 16, 1993, which granted the petition to invalidate the designating petition of the appellant, unanimously affirmed, without costs.

What Judge Eggert intended with respect to service of his order to show cause is clear from his statement on the record that he simply intended an additional alternative to service by overnight mail, and not substitution of a more restrictive type of mailing. We are satisfied that any possible ambiguity in the order has been properly resolved. Concur—Rosenberger, J. P., Wallach, Asch and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Fred W. Eggert, J.), entered on August 16, 1993, which granted the petition to invalidate the designating petition of the appellant, unanimously affirmed, without costs.

What Judge Eggert intended with respect to service of his order to show cause is clear from his statement on the record that he simply intended an additional alternative to service by overnight mail, and not substitution of a more restrictive type of mailing. We are satisfied that any possible ambiguity in the order has been properly resolved. Concur—Rosenberger, J. P., Wallach, Asch and Rubin, JJ.

Ortiz v. Wagner, 196 A.D.2d 444, 602 N.Y.S.2d 530 (N.Y. Ct. App. 1993).

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196 A.D.2d 444 (Ortiz v. Wagner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.