Fry v. Village of Tarrytown

Because we cannot agree that this proceeding would have been "subject to dismissal” only if respondents had "timely objected to the defective filing” which occurred here (majority opn, at 722), we dissent and would affirm the order of the Appellate Division.

*724The facts are not in dispute. The petitioner’s attorney went to the Westchester County Clerk with an unsigned order to show cause, the original petition, an application for an index number, a request for judicial intervention and a check for the filing fee. Only a blank copy of the order to show cause and a copy of the request for judicial…