Legal Opinion
Travis v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1992PublishedCited by 5 opinions
1Opinion of the Court
— Order unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Su*715preme Court erred in denying respondent’s motion to dismiss the petition in this CPLR article 78 proceeding on the ground that personal jurisdiction had not been acquired over it.
"A special proceeding is commenced and jurisdiction acquired by service of a notice of petition” (CPLR 304 [emphasis supplied]). Further, the notice of petition "shall specify the time and place” of the scheduled hearing on the petition (CPLR 403 [a]) and be served on the adverse party at least 20 days before…
2Cases cited5 opinions
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Common Council of Gloversville v. Town Board of Town of JohnstownAppellate Division of the Supreme Court of the State of New York · 1989
- State Farm Mutual Automobile Insurance v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Recycle v. LacatenaAppellate Division of the Supreme Court of the State of New York · 1990
- Lincoln Plaza Tenants Corp. v. DinkinsAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- Krenzer v. Town of Caledonia Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1996
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
- Krenzer v. Town of Caledonia Zoning Board of AppealsNew York Supreme Court · 1995
- Schmitt v. PeralesAppellate Division of the Supreme Court of the State of New York · 1992
- Smith v. PigeonNew York Supreme Court · 1997