Legal Opinion
Gershel v. Porr
New York Court of Appeals
Decided December 19, 1996PublishedCited by 119 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The issue on appeal is whether petitioner satisfied the requirements of New York’s commencement-by-filing system in this special proceeding. Because petitioner withdrew the originally filed order to show cause and thereafter served a notice of petition on respondent without filing a new set of initia*329tory papers and paying an additional filing fee, we hold that petitioner never properly commenced the special proceeding and the attempted service was a nullity.
On May 9, 1994, petitioner, Police Chief of Newburgh, was charged with misconduct by respondent, City…
2Cases cited4 opinions
- Vetrone v. MackinAppellate Division of the Supreme Court of the State of New York · 1995
- Spodek v. New York State Commissioner of TaxationNew York Court of Appeals · 1995
- Shivers v. International Service SystemsAppellate Division of the Supreme Court of the State of New York · 1995
- Gershel v. PorrAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by119 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Gerena v. KorbCourt of Appeals for the Second Circuit · 2010
- Perez v. Paramount Communications, Inc.New York Court of Appeals · 1999
- Ruffin v. LION CORP. & C.New York Court of Appeals · 2010
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