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Decided on April 2, 2010
Nassau Dist Ct, First District

SP 000394/10
Joseph C. Andruzzi, Esqs., Attorneys for Petitioner, Two Lincoln Gate Boulevard, New York 11803, 516-942-0735; Daniel F. Spitalnic, Esq., Attorney for Respondent, Six Grace Avenue, Lower Level, Great Neck, New York 11021, 516-439-4001.
Scott Fairgrieve, J.
Respondent-Tenants Great Neck Retail Supply Corp. and Orchard Associates, Inc., move to dismiss the non-payment proceeding brought against them by Petitioner-Landlord Kismet
Management Corp.
FACTS AND PROCEDURAL HISTORY
Petitioner brought this non-payment proceeding against Respondents on January 20th, 2010 in the amount of $32,668.70 (later amended to $44,516.81 on February 22nd). One week prior, on January 13th, 2010, written three-day rent demands were mailed to Respondents at the subject premises, via U.S.P.S. First Class and Registered Mail.
Respondents filed a motion to dismiss the non-payment proceeding on February 18th, 2010. Petitioner filed its opposition to the motion on March 1st. Respondents filed a reply affirmation on the 3rd.
MOTION TO DISMISS
Respondents assert several procedural errors in the petition which should render it defective.
1. PETITION WAS NOT ISSUED BY THE CLERK OF THE COURT
Respondents state that since the notice of petition does not have a signature or stamp of the Court Clerk, it should be dismissed citing RPAPL 731. The applicable statute, RPAPL

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