General

Susan M. Weichert, Appellant, v. William J. Brouse, as Treasurer of County of Oswego, Respondent

288 A.D.2d 841732 N.Y.S.2d 186·New York Supreme Court, Appellate Division·2001·NY

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Opinion

Susan M. Weichert, Appellant, v William J. Brouse, as Treasurer of County of Oswego, Respondent. [732 NYS2d 186] [MAJORITY] —Order affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint for lack of personal and subject matter jurisdiction. “[Slervice of process without first * * * filing the initiatory papers is a nullity, the action * * * never having been properly commenced” (Matter of Gershel v Porr, 89 NY2d 327, 330; see, Matter of Fry v Village of Tarry-town, 89 NY2d 714, 719-720). All concur, Hurlbutt, J., not participating. (Appeal from Order of Supreme Court, Oswego County, Nicholson, J. — Dismiss Pleading.) Present — Pine, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.