Rappa v. State University

Appellate Division of the Supreme Court of New York

Rappa v. State University

38 A.D.2d 728, 329 N.Y.S.2d 784, 1972 N.Y. App. Div. LEXIS 5596

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

DecidedJanuary 17, 1972

StatusPublished

This text of 38 A.D.2d 728 (Rappa v. State University) 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

Rappa v. State University, 38 A.D.2d 728, 329 N.Y.S.2d 784, 1972 N.Y. App. Div. LEXIS 5596 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to compel appellant to restore petitioner to his position of power plant helper in appellant’s employ, the appeal is from a judgment of the Supreme Court, Suffolk County, entered September 15, 1971, which granted the application. Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for trial of the issues of fact presented by the pleadings and shown by the answering affidavit. Questions of fact were presented which should not have been summarily decided (Matter of Ocean Beach Ferry Corp. v. Incorporated Vil. of Ocean Beach, 275 App. Div. 712). Latham, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR to compel appellant to restore petitioner to his position of power plant helper in appellant’s employ, the appeal is from a judgment of the Supreme Court, Suffolk County, entered September 15, 1971, which granted the application. Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for trial of the issues of fact presented by the pleadings and shown by the answering affidavit. Questions of fact were presented which should not have been summarily decided (Matter of Ocean Beach Ferry Corp. v. Incorporated Vil. of Ocean Beach, 275 App. Div. 712). Latham, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 728, 329 N.Y.S.2d 784, 1972 N.Y. App. Div. LEXIS 5596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rappa-v-state-university-nyappdiv-1972.