Peterson v. New York City Police Dept

Full title: Anthony Peterson, Petitioner-Appellant, v. New York City Police…

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

Date published: Mar 28, 2000

270 A.D.2d 184 (N.Y. App. Div. 2000)

705 N.Y.S.2d 224

Opinion

March 28, 2000.

Order, Supreme Court, New York County (Charles Ramos, J.), entered April 17, 1998, which granted respondent's motion to dismiss the petition, unanimously affirmed, without costs.

Pro Se for petitioner-appellant.

Jane L. Gordon for respondent-respondent.

ROSENBERGER, J.P., WILLIAMS, TOM, ANDRIAS, JJ.

Respondent was justified in treating the petition as a nullity, after promptly returning it to petitioner with a letter explaining that it was doing so for lack of a verification (CPLR 3022 ; see, Matter of Miller v. Board of Assessors, 91 N.Y.2d 82, 86). Without a verified petition, the proceeding was properly dismissed.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.