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MATTER OF BARNES v. COUNTY OF NASSAU CIVIL SERVICE COMMISSION

292 A.D.2d 379 (2002)

738 N.Y.S.2d 609

In the Matter of KAREN BARNES, Appellant, v. COUNTY OF NASSAU CIVIL SERVICE COMMISSION, Respondent.

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

Decided March 4, 2002.

Ordered that the order is affirmed, with costs.

The petitioner failed to satisfy the commencement-by-filing requirements of CPLR 304 when she filed an unexecuted order to show cause and petition with the Nassau County Clerk (see, Matter of Fry v Village of Tarrytown, 89 N.Y.2d 714; Matter of Stenger v Town of Carmel Zoning Bd. of Appeals, 260 A.D.2d 641). Since this proceeding was...

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