Opinion
March 9, 1998
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the judgment is affirmed, with one bill of costs.
On August 9, 1995, the petitioner filed a notice of petition and verified petition in the office of the Clerk of Suffolk County. The sole respondent originally named therein was the Suffolk County Department of Civil Service. That proceeding was assigned Suffolk County Index Number 95-19074, and was terminated by a judgment of the Supreme Court, Suffolk County (Underwood, J.), dated March 27, 1996.
The petitioner claims that he subsequently commenced the present proceeding by filing a notice of petition and petition in the office of the Clerk of the Supreme Court, Suffolk County, on September 24 and/or September 25, 1996. However, at the time of the filing of the present petition, he again used Suffolk County Index Number 95-19074, and he affixed that index number to the notice of petition and petition served on the respondents.
In October 1996 the respondents Suffolk County Department of Civil Service and Alan Schneider, and the Town of Southold separately moved to dismiss this proceeding pursuant to CPLR 7804 (f), on the ground that it has not been properly commenced in accordance with CPLR 304. In November 1996 the petitioner belatedly purchased a new index number. The Supreme Court dismissed the proceeding. We affirm.
The petitioner's failure to purchase a new index number prior to service of the notice of petition and petition herein requires dismissal of the present proceeding ( see, CPLR 304, 306-a N.Y.C.P.L.R.; Matter of Gershel v. Porr, 89 N.Y.2d 327, affg 226 A.D.2d 636; Midamerica Fed. Sav. Bank v. Gaon, 242 A.D.2d 610; Mandel v. Waltco Truck Equip. Co., 243 A.D.2d 542; Oquendo v. Rios, 240 A.D.2d 552; Venditti v. Town of Alden, 239 A.D.2d 910; Matter of Pal v. Aponte, 237 A.D.2d 443).
Bracken, J. P., Rosenblatt, Krausman and Goldstein, JJ., concur.