Legal Opinion
Peterkin v. Houses
Appellate Division of the Supreme Court of the State of New York
Decided August 16, 2011PublishedCited by 3 opinions
1Opinion of the Court
*650A special proceeding is “commenced by filing a petition” (CPLR 304; see Matter of Montecalvo v Columbia County, 274 AD2d 868, 869 [2000]). “The failure to file the initial papers necessary to institute a proceeding constitutes a nonwaivable jurisdictional defect rendering the proceeding a nullity” (Matter of One Beacon Ins. Co./CGU Ins. Co. v Daly, 7 AD3d 717, 718 [2004]). Here, since the petitioner failed to file the petition, the “proceeding” was a nullity (see Matter of Parkinson v Leahy, 277 AD2d 810, 811 [2000]). Therefore, the Supreme Court should have granted that branch of the…
2Cases cited5 opinions
- Parkinson v. LeahyAppellate Division of the Supreme Court of the State of New York · 2000
- Barclay v. State of New York Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2005
- Montecalvo v. Columbia CountyAppellate Division of the Supreme Court of the State of New York · 2000
- One Beacon Insurance v. DalyAppellate Division of the Supreme Court of the State of New York · 2004
- Ortiz v. State of New York Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by3 opinions
- O'Brien v. ContrerasAppellate Division of the Supreme Court of the State of New York · 2015
- Wesco Insurance v. VinsonAppellate Division of the Supreme Court of the State of New York · 2016
- McCord v. GhazalNew York Supreme Court · 2014