Steiner v. Supreme Court

Appellate Division of the Supreme Court of New York

Steiner v. Supreme Court

87 A.D.2d 703, 450 N.Y.S.2d 441, 1982 N.Y. App. Div. LEXIS 16040

Appellate Division of the Supreme Court of the State of New York·Decided March 12, 1982·Published·Cited by 1 cases

Opinion

Application for summary determination of proceeding on the ground of respondents’ default denied, without costs, and petition dated January 26,1982 dismissed. The petition seeks relief in the nature of a declaratory judgment. Such action must be commenced in Supreme Court and not in this court (CPLR 3001). Even if the petition is considered to seek relief pursuant to CPLR article 78, and assuming such proceeding was properly commenced in this court, petitioner has failed to serve the proper parties (CPLR 7804, subd [i]) and to provide proper notice (CPLR 7804, subd [c]). Mahoney, P. J., Sweeney, Kane, Casey and Mikoll, JJ., concur.

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Application for summary determination of proceeding on the ground of respondents’ default denied, without costs, and petition dated January 26,1982 dismissed. The petition seeks relief in the nature of a declaratory judgment. Such action must be commenced in Supreme Court and not in this court (CPLR 3001). Even if the petition is considered to seek relief pursuant to CPLR article 78, and assuming such proceeding was properly commenced in this court, petitioner has failed to serve the proper parties (CPLR 7804, subd [i]) and to provide proper notice (CPLR 7804, subd [c]). Mahoney, P. J., Sweeney, Kane, Casey and Mikoll, JJ., concur.

Steiner v. Supreme Court, 87 A.D.2d 703, 450 N.Y.S.2d 441, 1982 N.Y. App. Div. LEXIS 16040 (N.Y. Ct. App. 1982).

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