Hughes v. Coughlin

Appellate Division of the Supreme Court of New York

Hughes v. Coughlin

205 A.D.2d 857, 614 N.Y.S.2d 333, 1994 N.Y. App. Div. LEXIS 6084

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

DecidedJune 9, 1994

StatusPublished

Cited by1 cases

This text of 205 A.D.2d 857 (Hughes v. Coughlin) 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

Hughes v. Coughlin, 205 A.D.2d 857, 614 N.Y.S.2d 333, 1994 N.Y. App. Div. LEXIS 6084 (N.Y. Ct. App. 1994).

Pincite

Opinion

Casey, J.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered July 12, 1993 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as untimely.

On this appeal, respondents now concede that petitioner’s CPLR article 78 proceeding was timely commenced and, therefore, they have waived the Statute of Limitations defense. The judgment which dismissed the proceeding on the basis of that defense must therefore be reversed and the matter remitted for respondents to answer.

Cardona, P. J., Mikoll, Mercure and Weiss, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, motion denied and matter remitted to the Supreme Court for further proceedings not inconsistent with this Court’s decision.

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Casey, J.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered July 12, 1993 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as untimely.

On this appeal, respondents now concede that petitioner’s CPLR article 78 proceeding was timely commenced and, therefore, they have waived the Statute of Limitations defense. The judgment which dismissed the proceeding on the basis of that defense must therefore be reversed and the matter remitted for respondents to answer.

Cardona, P. J., Mikoll, Mercure and Weiss, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, motion denied and matter remitted to the Supreme Court for further proceedings not inconsistent with this Court’s decision.

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Bluebook (online)

205 A.D.2d 857, 614 N.Y.S.2d 333, 1994 N.Y. App. Div. LEXIS 6084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-coughlin-nyappdiv-1994.

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