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MATTER OF GERSHEL v. PORR

89 N.Y.2d 327 (1996)

675 N.E.2d 836

653 N.Y.S.2d 82

In the Matter of Christopher P. Gershel, Appellant, v. Harry Porr III, as City Manager of City of Newburgh, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 1996.

Attorney(s) appearing for the Case

Sussman, Bergstein, Wotorson and Whateley, Goshen (Michael H. Sussman and Stephen Bergstein of counsel), for appellant.

Hitsman, Hoffman & O'Reilly, Elmsford (Kelly A. O'Neill and John F. O'Reilly of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The issue on appeal is whether petitioner satisfied the requirements of New York's commencement-by-filing system in this special proceeding. Because petitioner withdrew the originally filed order to show cause and thereafter served a notice of petition on respondent without filing a new set of initiatory papers and paying an additional filing fee, we hold...

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