Legal Opinion
Andrusz v. Town of Lancaster
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2001PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court *951properly denied that part of defendants’ motion seeking dismissal of the complaint on the ground that the proceeding was not properly commenced and thus the court lacked jurisdiction. Although plaintiffs failed to file a petition with their order to show cause (see, CPLR 304), their verified complaint may be deemed a proper petition because it provided adequate notice of the facts upon which their claim is based and the relief requested by them (see, Matter…
2Cases cited9 opinions
- Dutcher v. Town of ShandakenAppellate Division of the Supreme Court of the State of New York · 1983
- Urcan v. CocarelliAppellate Division of the Supreme Court of the State of New York · 1996
- Guarneri v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1996
- Laird v. Town of MontezumaAppellate Division of the Supreme Court of the State of New York · 1993
- Serkil, L. L. C. v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by3 opinions
- Matter of Clavin v. MitchellAppellate Division of the Supreme Court of the State of New York · 2015
- Palmieri v. Village of BabylonAppellate Division of the Supreme Court of the State of New York · 2006
- Village of Brockport v. CalandraNew York Supreme Court · 2002