PICKERING v. FLACKE


115 Misc.2d 264 (1982)

James L. Pickering, Petitioner, v. Robert Flacke, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

Supreme Court, Erie County.

August 18, 1982


Attorney(s) appearing for the Case

James L. Pickering, petitioner pro se. Patrick McCormack, Assistant Attorney-General, for respondents.


VINCENT E. DOYLE, J.

The facts are not in dispute. The petitioner sent the notice of motion and the petition to the respondents by certified mail on July 23, 1982. No order to show cause permitting such service has been issued in the proceeding.

The respondents have moved to dismiss the petition upon the ground that this court lacks jurisdiction because the petitioner's papers were not properly served pursuant to CPLR 403 (subd [c]). The petitioner...

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