DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly dismissed this proceeding because it was not properly commenced (see, CPLR 304, 403 PLR N.Y.CPLR[b], 7804[c]). The petitioner's failure to include the petition in the original filing was a fatal jurisdictional defect that could not be cured by the subsequent filing of a notice of petition and petition without also purchasing a new index number (see, Matter of Fry v. Village of Tarrytown, 89 N.Y.2d 714, 717; Matter of Gershel v. Porr, 89 N.Y.2d 327, 332; Matter of Vetrone v. Mackin, 216 A.D.2d 839, 841).
THOMPSON, J.P., FRIEDMANN, FLORIO and SMITH, JJ., concur.