Opinion
August 18, 1999.
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.
The petitioner purchased an index number, filed the signed order to show cause and, as the respondent Patrick Williams implicitly conceded, served him personally in accordance with the terms of the order to show cause within the applicable Statute of Limitations period. Accordingly, the Supreme Court properly determined that the petitioner's failure to affix the index number and filing date to the petition served on Williams, as specified in the order to show cause, was not a jurisdictional defect and was excusable under the circumstances ( see, Matter of City of Amsterdam v. Board of Assessors, 237 A.D.2d 63; Maldonado v. County of Suffolk, 229 A.D.2d 376).
O'Brien, J. P., Santucci, Joy, Altman and Friedmann, JJ., concur.