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Appellate Division of the Supreme Court of New York, 1996

Cruz v. Coombe

Cruz v. Coombe
Appellate Division of the Supreme Court of New York · Decided July 12, 1996
229 A.D.2d 1024; 646 N.Y.S.2d 466; 1996 N.Y. App. Div. LEXIS 9137
Cruz v. Coombe

Opinion of the Court

—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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