MATTER OF CASS v. COUNTY OF SUFFOLK

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.