Hammond v. County of Putnam Department of Social Services

Appellate Division of the Supreme Court of New York

Hammond v. County of Putnam Department of Social Services

161 A.D.2d 1103, 558 N.Y.S.2d 855, 1990 N.Y. App. Div. LEXIS 6640

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

DecidedMay 31, 1990

StatusPublished

This text of 161 A.D.2d 1103 (Hammond v. County of Putnam Department of Social Services) 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

Hammond v. County of Putnam Department of Social Services, 161 A.D.2d 1103, 558 N.Y.S.2d 855, 1990 N.Y. App. Div. LEXIS 6640 (N.Y. Ct. App. 1990).

Pincite

Opinion

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Dickinson, J.), entered April 25, 1989 in Putnam County, which, in a proceeding pursuant to CPLR article 78, granted the cross motion of respondent County of Putnam Department of Social Services to dismiss the petition as time barred.

As rightly observed by Supreme Court, this proceeding is [1104]*1104time barred (CPLR 217). Parenthetically, we note that petitioner’s contention, raised for the first time on appeal, that the income execution dated November 3, 1988 was not mailed to him is simply not borne out by the record.

Judgment affirmed, without costs. Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Dickinson, J.), entered April 25, 1989 in Putnam County, which, in a proceeding pursuant to CPLR article 78, granted the cross motion of respondent County of Putnam Department of Social Services to dismiss the petition as time barred.

As rightly observed by Supreme Court, this proceeding is [1104]*1104time barred (CPLR 217). Parenthetically, we note that petitioner’s contention, raised for the first time on appeal, that the income execution dated November 3, 1988 was not mailed to him is simply not borne out by the record.

Judgment affirmed, without costs. Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Bluebook (online)

161 A.D.2d 1103, 558 N.Y.S.2d 855, 1990 N.Y. App. Div. LEXIS 6640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammond-v-county-of-putnam-department-of-social-services-nyappdiv-1990.