Matter of Gershel v. Porr

In Matter of Gershel v. Porr, 89 NY2d 327 [1996], the Court of Appeals took a strict construction view of the filing system's requirements and stated that "basic to this statutory procedure is the rule that the papers served must conform in all important respects to the papers filed (see, Siegel's Prac Rev No. 19, at 2 [May 1994])." In Gershel the Court found jurisdiction lacking when a petitioner instituted an article 78 proceeding by filing an order to show cause and verified petition, withdrew the same and changed the papers to a notice of petition and petition and served those papers without securing a new index number. The Court stated that "the papers served must conform in all important respects to the papers filed" (id. at 332).