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Schmitt v. Perales

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 1041 (N.Y. App. Div. 1992)

Opinion

November 18, 1992

Appeal from the Supreme Court, Erie County, Mintz, J.

Present — Boomer, J.P., Pine, Lawton, Boehm and Davis, JJ.


Petition unanimously dismissed without costs. Memorandum: Pursuant to CPLR 7804 (g), we consider respondents' contention that the petition should be dismissed for lack of personal jurisdiction (see, Matter of Desmone v Blum, 99 A.D.2d 170; 8 Weinstein-Korn-Miller, N Y Civ Prac ¶ 7804.09). Because the notice of petition failed to set forth the time and place of the scheduled hearing on the petition, personal jurisdiction was not acquired over respondents and the petition should have been dismissed (see, Travis v New York State Dept. of Envtl. Conservation, 185 A.D.2d 714; Matter of RECYCLE v Lacatena, 163 A.D.2d 693, 694).


Summaries of

Schmitt v. Perales

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 1041 (N.Y. App. Div. 1992)
Case details for

Schmitt v. Perales

Case Details

Full title:NORBERT SCHMITT, by SALLY PEIFFER, as Attorney-in-Fact, Petitioner, v…

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

Date published: Nov 18, 1992

Citations

187 A.D.2d 1041 (N.Y. App. Div. 1992)

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