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

In this article 78 proceeding, petitioner directed its petition to the Appellate Division, Third Department. Petitioner served no notice of application or order to show cause, based upon said petition.

Thereafter, petitioner moved in the Appellate Division for an order transferring the petition to Supreme Court, Albany *1024County. Respondents appeared specially and moved to dismiss on the ground that no jurisdiction was obtained by the Appellate Division as no process was served on respondents but that only the petition was served. Ultimately, the Appellate Division transferred this proceeding and…