Marlin v. Gillette

Appellate Division of the Supreme Court of New York

Marlin v. Gillette

33 A.D.2d 643, 305 N.Y.S.2d 129, 1969 N.Y. App. Div. LEXIS 3064

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

DecidedOctober 23, 1969

StatusPublished

This text of 33 A.D.2d 643 (Marlin v. Gillette) 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

Marlin v. Gillette, 33 A.D.2d 643, 305 N.Y.S.2d 129, 1969 N.Y. App. Div. LEXIS 3064 (N.Y. Ct. App. 1969).

Pincite

Opinion

—Judgment unanimously affirmed, without costs. Memorandum: This proceeding should have been transferred to this court in the first instance pursuant to CPLR 7804 (subd. [g]). (Matter of United States Tube & Foundry Co. v. Feinberg, 7 A D 2d 591, 595.) Even though it was not, we may treat it as if it were properly transferred. (Matter of Wignall v. Fletcher, 277 App. Div. 828; Matter of Continental Term. Operating Corp. v. Thompson, 16 A D 2d 952.) (Appeal from judgment of Monroe Special Term dismissing petition in article 78 proceeding.) Present — Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.

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—Judgment unanimously affirmed, without costs. Memorandum: This proceeding should have been transferred to this court in the first instance pursuant to CPLR 7804 (subd. [g]). (Matter of United States Tube & Foundry Co. v. Feinberg, 7 A D 2d 591, 595.) Even though it was not, we may treat it as if it were properly transferred. (Matter of Wignall v. Fletcher, 277 App. Div. 828; Matter of Continental Term. Operating Corp. v. Thompson, 16 A D 2d 952.) (Appeal from judgment of Monroe Special Term dismissing petition in article 78 proceeding.) Present — Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.

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Bluebook (online)

33 A.D.2d 643, 305 N.Y.S.2d 129, 1969 N.Y. App. Div. LEXIS 3064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marlin-v-gillette-nyappdiv-1969.