Opinion
September 30, 1994
Appeal from the Supreme Court, Monroe County, Siracuse, J.
Present — Denman, P.J., Balio, Callahan and Davis, JJ.
Cross appeal unanimously dismissed (see, CPLR 5511; Town of Massena v. Niagara Mohawk Power Corp., 45 N.Y.2d 482, 488; Matter of Brown v. Starkweather, 197 A.D.2d 840, 841, lv denied 82 N.Y.2d 653) and order affirmed without costs. Memorandum: Petitioner was required to file the order to show cause with the County Clerk (see, CPLR 304), and his failure to do so renders this proceeding jurisdictionally defective (see, Matter of Zicari v. Stewart, 207 A.D.2d 951 [decided herewith]).
In view of our determination, we do not address the remaining contentions raised by petitioner.