Burtis v. New York Police Department

Appellate Division of the Supreme Court of New York

Burtis v. New York Police Department

278 A.D.2d 46, 718 N.Y.S.2d 167, 2000 N.Y. App. Div. LEXIS 12631

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

DecidedDecember 7, 2000

StatusPublished

This text of 278 A.D.2d 46 (Burtis v. New York Police Department) 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

Burtis v. New York Police Department, 278 A.D.2d 46, 718 N.Y.S.2d 167, 2000 N.Y. App. Div. LEXIS 12631 (N.Y. Ct. App. 2000).

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Opinion

Order, Supreme Court, New York County (Louis York, J.), entered March 19, 1999, which denied petitioner’s motion to hold respondent in contempt, unanimously affirmed, without costs.

The motion was properly denied on the ground that this Court previously denied another motion in this proceeding that sought the same relief on the same facts (M-1069, Apr. 30, 1998, 1998 NY App Div LEXIS 5628). There is no merit to petitioner’s arguments that this prior order was not on the merits and that this Court lacked subject matter jurisdiction to decide it. We have considered and rejected petitioner’s other arguments. Concur — Rosenberger, J. P., Williams, Andrias, Buckley and Friedman, JJ.

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Order, Supreme Court, New York County (Louis York, J.), entered March 19, 1999, which denied petitioner’s motion to hold respondent in contempt, unanimously affirmed, without costs.

The motion was properly denied on the ground that this Court previously denied another motion in this proceeding that sought the same relief on the same facts (M-1069, Apr. 30, 1998, 1998 NY App Div LEXIS 5628). There is no merit to petitioner’s arguments that this prior order was not on the merits and that this Court lacked subject matter jurisdiction to decide it. We have considered and rejected petitioner’s other arguments. Concur — Rosenberger, J. P., Williams, Andrias, Buckley and Friedman, JJ.

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Bluebook (online)

278 A.D.2d 46, 718 N.Y.S.2d 167, 2000 N.Y. App. Div. LEXIS 12631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burtis-v-new-york-police-department-nyappdiv-2000.