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MATTER OF CONCIATORI v. OFFICE OF SECRETARY OF STATE

15 A.D.3d 397 (2005)

790 N.Y.S.2d 47

In the Matter of EMILIO CONCIATORI et al., Appellants, v. OFFICE OF SECRETARY OF STATE et al., Respondents. (Proceeding No. 1.) In the Matter of EMILIO CONCIATORI et al., Appellants, v. OFFICE OF SECRETARY OF STATE et al., Respondents. (Proceeding No. 2.).

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

February 7, 2005.

Ordered that the judgment and the order and judgment are affirmed, with one bill of costs.

The Supreme Court correctly dismissed proceeding No. 1, since the petitioners failed to serve the respondents with their notice of petition and petition (see CPLR 307 [2]; 7804 [c]). The petitioners served those papers only on an Assistant Attorney General of the State of New York. However, the Attorney General was not a party to the proceeding, but rather the prospective...

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