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MATTER OF CASS v. COUNTY OF SUFFOLK

272 A.D.2d 471 (2000)

708 N.Y.S.2d 326

In the Matter of DOUG CASS, Appellant, v. COUNTY OF SUFFOLK et al., Respondents.

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

Decided May 15, 2000.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed this proceeding because it was not properly commenced (see, CPLR 304, 403 [b]; 7804 [c]). The petitioner's failure to include the petition in the original filing was a fatal jurisdictional defect that could not be cured by the subsequent filing of a notice of petition and petition without also purchasing a new index number (see, Matter of Fry v Village of Tarrytown,<...

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