Ritter v. City of Binghamton

OPINION OF THE COURT

Richard F. Kuhnen, J.

*1064Petitioner brings this CPLR article 78 proceeding to compel the City of Binghamton to issue to him a permit to do electrical work on premises at 53 Mary Street, Binghamton, New York, owned in part by him.

Respondents challenge the form of the proceeding because, although denominated a petition, the pleading served is in the form of an affidavit. The proceeding was initiated by an order to show cause instead of a notice of petition, in accordance with CPLR 304, 403 and 7804 (subd [c]). Jurisdiction having been obtained, the court will disregard the…