New York State Restaurant Ass'n v. Board of Standards & Appeals

In an article 78 [Civ. Prae. Act] proceeding in the nature of certiorari to review and annul a wage order issued by respondent board petitioner appeals from an order of the Supreme Court at Special Term which sustained respondents’ special appearance challenging its jurisdiction of their *913persons upon the ground that no notice or order to show cause to bring on the proceeding was served in the manner provided by section 1289 of the Civil Practice Act and directing the dismissal of the petition accordingly. Appellant first erroneously filed the petition in this court; thereafter on its motion…