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

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

DecidedMarch 12, 1982

StatusPublished

Cited by1 cases

This text of 87 A.D.2d 703 (Steiner v. Supreme Court) 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

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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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.

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Bluebook (online)

87 A.D.2d 703, 450 N.Y.S.2d 441, 1982 N.Y. App. Div. LEXIS 16040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steiner-v-supreme-court-nyappdiv-1982.

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