Hyperlawhypertext legal database Washington v. New York City Transit Police 247 A.D.2d 285

← Cases

Washington v. New York City Transit Police

247 A.D.2d 285 Court N.Y. App. Div. Decision date 1998-02-19 English

Judges Concur — Sullivan, J. P., Wallach, Rubin, Williams and Tom, JJ.

Contents

Majority

p. 285
In the Matter of Mary E. Washington, Appellant, v New York City Transit Police et al., Respondents.
[668 NYS2d 458]

Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about October 11, 1996, which, sua sponte, dismissed this proceeding, denominated as one pursuant to CPLR article 78, for failure to file the initiatory papers before serving them, unanimously affirmed, without costs.

The court properly dismissed the proceeding on the ground that petitioner’s service of process without first purchasing an index number and filing the initiatory papers was a nullity (Matter of Gershel v Porr, 89 NY2d 327 ).

Concur — Sullivan, J. P., Wallach, Rubin, Williams and Tom, JJ.

Cases cited