1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 87 A.D.3d
  5. 87 A.D.3d 649 (2011)
 

MATTER OF PETERKIN v. MARCY HOUSES

2011-00265.

87 A.D.3d 649 (2011)

928 N.Y.S.2d 474

2011 NY Slip Op 6275

In the Matter of EUGENE PETERKIN, Respondent, v. MARCY HOUSES, Appellant.

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

Decided August 16, 2011.

Ordered that the order and judgment is reversed, on the law, with costs, the appellant's cross motion to dismiss the "proceeding" pursuant to CPLR 3211 (a) (2) and (8) is granted, and the "proceeding" is dismissed.

A special proceeding is "commenced by filing a petition" (CPLR 304; see Matter of Montecalvo v Columbia County, 274 A.D.2d 868, 869 [2000]). "The failure to file the initial papers necessary to institute a proceeding...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases