McGrath v. Cornelius

30 A.D.2d 732, 291 N.Y.S.2d 561, 1968 N.Y. App. Div. LEXIS 3578
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 27, 1968
StatusPublished
Cited by2 cases

This text of 30 A.D.2d 732 (McGrath v. Cornelius) 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
McGrath v. Cornelius, 30 A.D.2d 732, 291 N.Y.S.2d 561, 1968 N.Y. App. Div. LEXIS 3578 (N.Y. Ct. App. 1968).

Opinion

Memorandum by the Court.

Respondent having failed either to file and serve an answer or to move with respect to the petition upon objections in point of law, the proceeding is remitted to Special Term for further proceedings in accordance with the provisions of CPLR 7804 (subd. [e]) and, if Special Term be so advised, for further remittal to respondent Superintendent for reconsideration of his determination in accordance with the rule of Matter of Wallace v. Murphy (21 N Y 2d 433). Were the proceeding properly before us on the present record, we would confirm the determination. Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by the court.

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Related

Szklowin v. Planning Board
115 Misc. 2d 1045 (New York Supreme Court, 1982)
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86 A.D.2d 759 (Appellate Division of the Supreme Court of New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
30 A.D.2d 732, 291 N.Y.S.2d 561, 1968 N.Y. App. Div. LEXIS 3578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrath-v-cornelius-nyappdiv-1968.