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MATTER OF ESTATE OF JOHNSON v. CIARPELLI

CA 09-01757.

71 A.D.3d 1482 (2010)

896 N.Y.S.2d 752

In the Matter of the ESTATE OF RAY C. JOHNSON, Deceased, Appellant, v. M. ANN CIARPELLI, as Onondaga County Clerk, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 19, 2010.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking a judgment determining that respondent M. Ann Ciarpelli, as Onondaga County Clerk (County Clerk), acted without authority in accepting for filing a summons and complaint presented for that purpose by respondent Robert Yager and in assigning an index number to the action commenced by Yager by service...

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