Legal Opinion
Zicari v. Stewart
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1994PublishedCited by 13 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Petitioner’s failure to file the order to show cause pursuant to CPLR 304 renders these proceedings jurisdictionally defective. Although the more specific time limitations for service of process set forth in the Election Law supersede those in the CPLR (see, *952Matter of Barbarite v Hill, 197 AD2d 740; Matter of Ehle v Wallace, 195 AD2d 1086, lv denied 82 NY2d 653), compliance with the filing requirement is necessary for commencement of a special proceeding.
In view of our determination, we do not address the remaining contentions raised by…
2Cases cited2 opinions
- Ehle v. WallaceAppellate Division of the Supreme Court of the State of New York · 1993
- Barbarite v. HillAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by13 opinions
- Wilson v. GarfinkleAppellate Division of the Supreme Court of the State of New York · 2004
- Isabella v. HotalingAppellate Division of the Supreme Court of the State of New York · 1994
- Marino v. Orange County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2003
- Green v. MahrAppellate Division of the Supreme Court of the State of New York · 1996
- Rumsey v. NiebelAppellate Division of the Supreme Court of the State of New York · 2001
8 more not listed; retrieve them via the Exa API.