Association for the Preservation of Freedom of Choice, Inc. v. Shapiro

Since the filing of this amended petition does not prejudice any substantial right of the respondent, the court disregards petitioner’s irregularity in filing it without prior leave and deems it to be filed (Civ. Prac. Act, §§ 105, 244, 1306). In view of the filing of such amended petition, however, this court presently cannot take any action on the Court of Appeals’ remittitur, for the remittitur is based on the original petition which has now been superseded by the amended petition. It would also appear that respondent, who has since been elected to the office of County Judge of Queens…