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Ayton v. Bean

457 N.E.2d 778, 60 N.Y.2d 768, 469 N.Y.S.2d 672, 1983 N.Y. LEXIS 3465
New York Court of Appeals·Decided October 20, 1983·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, dismissing the proceeding, should be affirmed, with costs.

*770 While the Appellate Division in reversing Special Term reached the merits of the appeal, we affirm the order of the Appellate Division solely upon the ground that Special Term lacked jurisdiction to grant petitioner the relief requested in view of the absence from the record of any proof of service commencing the article 78 proceeding.

Chief Judge Cooke and Judges Jasen, Jones, Meyer, . Simons and Kaye concur; Judge Wachtler taking no part.

Order affirmed, with costs, in a memorandum.

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Ayton v. Bean, 457 N.E.2d 778, 60 N.Y.2d 768, 469 N.Y.S.2d 672, 1983 N.Y. LEXIS 3465 (N.Y. 1983).

457 N.E.2d 778 (Ayton v. Bean) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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