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

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

DecidedAugust 18, 1993

StatusPublished

This text of 196 A.D.2d 444 (Ortiz v. Wagner) 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

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

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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.

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Bluebook (online)

196 A.D.2d 444, 602 N.Y.S.2d 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-v-wagner-nyappdiv-1993.