AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

IN THE MATTER OF DOUG CASS, ETC., APPELLANT, v. COUNTY OF SUFFOLK, ET AL., RESPONDENTS.

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.

Use AI to get other relevant cases.

Comments

MATTER OF CASS v. COUNTY OF SUFFOLK
(May 15, 2000)