Matter of Cruz v. Coombe

Full title: In the Matter of ROBERT CRUZ, Appellant, v. PHILIP COOMBE, JR., as…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1996

229 A.D.2d 1024 (N.Y. App. Div. 1996)

646 N.Y.S.2d 466

Opinion

July 12, 1996

Present — Green, J.P., Lawton, Callahan, Balio and Boehm, JJ.

Motion for permission to proceed as a poor person and assignment of counsel denied. Memorandum: A CPLR article 78 proceeding is commenced upon the filing of the petition, not upon the mailing of the petition to the court clerk for filing ( see, Enos v. City of Rochester, 206 A.D.2d 159).