New York Court of Appeals
In the Matter of Mark Fry, Appellant v. Village of Tarrytown, Respondents
March 27, 199789 N.Y.2d 714
Summary
The Court held that a failure to file a signed order to show cause does not deprive the court of subject‑matter jurisdiction and that a respondent’s appearance without objection waives the filing defect, so the Supreme Court lacked authority to dismiss the proceeding sua sponte. The Appellate Division's dismissal was reversed and the matter remanded for further proceedings. Justice Smith dissented, arguing that strict compliance with CPLR 304 is mandatory and the proceeding should have been dismissed.