Legal Opinion
Ballard v. HSBC BANK USA
New York Court of Appeals
Decided May 11, 2006PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The issue before this Court is whether the failure of petitioner Diane Ballard to include a return date in a notice of petition constitutes a nonwaivable jurisdictional defect under Executive Law § 298. We hold that it does not and that respondent HSBC waived its right to challenge the alleged defect.
Following a determination by respondent Edward A. Fried-land, Acting Commissioner of the New York State Division of Human Rights, petitioner Diane Ballard filed a petition in Supreme Court on July 23, 2004, seeking review, pursuant to Executive Law § 298, of that…
2Cases cited5 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Scantlebury v. New York City Health & Hospitals Corp.New York Court of Appeals · 2005
- Harris v. Niagara Falls Board of EducationNew York Court of Appeals · 2006
- National Gypsum Co. v. Assessor of Town of TonawadaNew York Court of Appeals · 2005
- State Division of Human Rights v. HSBC Bank U.S.A.New York Supreme Court · 2005
3Cited by21 opinions
- Garth v. Board of Assessment Review for Town of RichmondNew York Court of Appeals · 2009
- United Services Automobile Ass'n v. KungelAppellate Division of the Supreme Court of the State of New York · 2010
- Antine v. City of New YorkNew York Supreme Court · 2006
- County of Monroe v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2007
- State v. Maurice G.New York Supreme Court · 2011
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