Gaines v. Kelly

Appellate Division of the Supreme Court of New York

Gaines v. Kelly

117 A.D.2d 1002, 499 N.Y.S.2d 626, 1986 N.Y. App. Div. LEXIS 53245

Appellate Division of the Supreme Court of the State of New York·Decided February 21, 1986·Published·Cited by 3 cases

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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—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.

Gaines v. Kelly, 117 A.D.2d 1002, 499 N.Y.S.2d 626, 1986 N.Y. App. Div. LEXIS 53245 (N.Y. Ct. App. 1986).

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Opinion

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