In the Matter of Mark Fry, Appellant v. Village of Tarrytown, Respondents

Summary

The Court held that although the petitioner failed to file a signed order to show cause, the respondents waived the filing defect by appearing and litigating without objection, so the Supreme Court lacked authority to dismiss the proceeding sua sponte. Accordingly, the Appellate Division's dismissal was reversed and the matter remanded for further proceedings.