New York Court of Appeals
In the Matter of Christopher P. Gershel v. Harry Porr III, as City Manager of City of Newburgh
December 19, 199689 N.Y.2d 327
Summary
The Court affirmed the Appellate Division, holding that the petitioner never properly commenced the CPLR article 78 special proceeding because he withdrew the original order to show cause and served a notice of petition without first filing new initiatory papers and paying the required filing fee; consequently the service was a nullity.