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BLOSSICK v. MONROE COUNTY DSS

6 Misc.3d 621 (2004)

786 N.Y.S.2d 733

In the Matter of HARRY C. BLOSSICK, Petitioner, v. MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Respondents.

Supreme Court, Monroe County.

December 6, 2004.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Rochester (Gary Levine of counsel), for New York State Office of Children and Family Services, respondent.

Daniel M. DeLaus, County Attorney, Rochester (Paul Humphrey of counsel), for Monroe County Department of Social Services, respondent.

Paul Shanahan, Rochester, for petitioner.

OPINION OF THE COURT

ANDREW V. SIRACUSE, J.

Both respondents have moved to dismiss this CPLR article 78 proceeding on timeliness grounds. These motions raise what the court believes is a novel point, yet another of the procedural difficulties raised by New York's commencement by filing regime and the interpretation of that scheme by the various county clerks. In the present case these rules are further complicated by the application of CPLR article 11, which...

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