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MATTER OF HICKS v. CITY OF NEW YORK

247 A.D.2d 342 (1998)

669 N.Y.S.2d 290

In the Matter of Gregory Hicks et al., Respondents, v. City of New York et al., Appellants. In the Matter of Gregory Hicks et al., Appellants-Respondents, v. City of New York et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 26, 1998

The October 18, 1996 order dismissing the first article 78 proceeding by reason of petitioners' failure timely to file proof of service in the office of the County Clerk pursuant to CPLR 306-b (a) was superfluous because CPLR 306-b (a) is self-executing (see, Black v Randall Med. Offs., 237 A.D.2d 110; Long v Quinn, 234 A.D.2d 522; Matter of Barsalow v City of Troy,

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