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Matter of Africa v. Affronti

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 996 (N.Y. App. Div. 1997)

Opinion

March 14, 1997.

Motion granted and petition dismissed without costs.

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


Petitioner properly commenced a CPLR article 78 proceeding by filing a notice of petition and petition in the Office of the Clerk of this Court ( see, Spodek v New York State Commr. of Taxation Fin., 85 NY2d 760). Petitioner, however, failed to serve a notice of petition and petition on respondent, and the petition is not verified by petitioner as required by CPLR 7804 (d). Therefore, the petition must be dismissed ( see, Spodek v New York State Commr. of Taxation Fin., supra).


Summaries of

Matter of Africa v. Affronti

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 996 (N.Y. App. Div. 1997)
Case details for

Matter of Africa v. Affronti

Case Details

Full title:In the Matter of NACHE AFRICA, Petitioner, v. FRANCIS AFFRONTI, Respondent

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

Date published: Mar 14, 1997

Citations

237 A.D.2d 996 (N.Y. App. Div. 1997)
656 N.Y.S.2d 1005

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