McGrath v. Cornelius
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.
Opinion
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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Cite This Page — Counsel Stack
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.