Gaines v. Kelly
This text of 117 A.D.2d 1002 (Gaines v. Kelly) 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.
Opinion
—Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: We reverse for the reason stated in Matter of Elliott v Kelly (117 AD2d 1002). We add only that the remaining issues petitioner raises here were not raised before Special Term and, therefore, are not properly before this court (see, Lyons v Quandt, 91 AD2d 709, 710; Matter of Van Wormer v Leversee, 87 AD2d 942, 943; Peasley v Reid, 57 AD2d 998, 999; Matter of Chauvel v Nyquist, 55 AD2d 76, 79, affd 43 NY2d 48). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J.—art 78.) Present —Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.
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Cite This Page — Counsel Stack
117 A.D.2d 1002, 499 N.Y.S.2d 626, 1986 N.Y. App. Div. LEXIS 53245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-kelly-nyappdiv-1986.