Burns v. LeFevre

Appellate Division of the Supreme Court of New York

Burns v. LeFevre

114 A.D.2d 530, 493 N.Y.S.2d 986, 1985 N.Y. App. Div. LEXIS 53242

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 1, 1985

StatusPublished

This text of 114 A.D.2d 530 (Burns v. LeFevre) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. LeFevre, 114 A.D.2d 530, 493 N.Y.S.2d 986, 1985 N.Y. App. Div. LEXIS 53242 (N.Y. Ct. App. 1985).

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Opinion

—Application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term which, in effect, denied petitioner’s application for an order to show cause to commence a proceeding against respondents pursuant to CPLR article 78. Application granted, and order entered May 8, 1985 vacated. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term for the issuance of an order to show cause authorizing commencement of a proceeding by such service as Special Term deems appropriate (see, Matter of King v Gregorie, 90 AD2d 922, Iv dismissed 58 NY2d 822). Main, J. P., Casey, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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—Application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term which, in effect, denied petitioner’s application for an order to show cause to commence a proceeding against respondents pursuant to CPLR article 78. Application granted, and order entered May 8, 1985 vacated. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term for the issuance of an order to show cause authorizing commencement of a proceeding by such service as Special Term deems appropriate (see, Matter of King v Gregorie, 90 AD2d 922, Iv dismissed 58 NY2d 822). Main, J. P., Casey, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

114 A.D.2d 530, 493 N.Y.S.2d 986, 1985 N.Y. App. Div. LEXIS 53242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-lefevre-nyappdiv-1985.

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