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Cruz v. Coombe

229 A.D.2d 1024 Court N.Y. App. Div. Decision date 1996-07-12 English

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p. 1024
In the Matter of Robert Cruz, Appellant, v Philip Coombe, Jr., as Commissioner of the New York State Department of Correctional Services, et al., Respondents.
[646 NYS2d 466]

—Motion for permission to proceed as a poor person and assignment of counsel denied. Memorandum: A CPLR article 78 proceeding is commenced upon the filing of the petition, not upon the mailing of the petition to the court clerk for filing (see, Enos v City of Rochester, 206 AD2d 159 ). Present—Green, J. P., Lawton, Callahan, Balio and Boehm, JJ.

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