Petillo v. Kelly

Appellate Division of the Supreme Court of New York

Petillo v. Kelly

155 A.D.2d 997, 549 N.Y.S.2d 624, 1989 N.Y. App. Div. LEXIS 14930

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

DecidedNovember 15, 1989

StatusPublished

This text of 155 A.D.2d 997 (Petillo v. Kelly) 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

Petillo v. Kelly, 155 A.D.2d 997, 549 N.Y.S.2d 624, 1989 N.Y. App. Div. LEXIS 14930 (N.Y. Ct. App. 1989).

Pincite

Opinion

— Judgment unanimously reversed on the law and matter remitted to Supreme Court, Wyoming County, for further proceedings, in accordance with the following memorandum: Petitioner contends, and the State concedes, that because conflicting affidavits were presented, it was error for the trial court to dismiss the petition based on petitioner’s alleged failure to exhaust administrative remedies. This matter is therefore remitted to Trial Term for a hearing on this issue. (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Dillon, P. J., Callahan, Denman, Lawton and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment unanimously reversed on the law and matter remitted to Supreme Court, Wyoming County, for further proceedings, in accordance with the following memorandum: Petitioner contends, and the State concedes, that because conflicting affidavits were presented, it was error for the trial court to dismiss the petition based on petitioner’s alleged failure to exhaust administrative remedies. This matter is therefore remitted to Trial Term for a hearing on this issue. (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Dillon, P. J., Callahan, Denman, Lawton and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

155 A.D.2d 997, 549 N.Y.S.2d 624, 1989 N.Y. App. Div. LEXIS 14930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petillo-v-kelly-nyappdiv-1989.