Ryan v. Slisz

Appellate Division of the Supreme Court of New York

Ryan v. Slisz

206 A.D.2d 877, 616 N.Y.S.2d 311

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

DecidedJuly 15, 1994

StatusPublished

This text of 206 A.D.2d 877 (Ryan v. Slisz) 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

Ryan v. Slisz, 206 A.D.2d 877, 616 N.Y.S.2d 311 (N.Y. Ct. App. 1994).

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Opinion

Judgment affirmed without costs. Memorandum: Respondent failed to sustain his burden of showing that he gave petitioners notice of a final and binding determination more than four months prior to commencement of this proceeding. Thus, we conclude that this proceeding is timely (see, Nickerson v City of Jamestown, 178 AD2d 1003). The State of New York Department of Civil Service is not a necessary party to this proceeding (see, Matter of Castaways Motel v Schuyler, 24 NY2d 120, 125). Supreme Court properly ordered respondent to reclassify petitioners (see, Matter of Mandle v Brown, 5 NY2d 51, 64-65).

All concur, Fallon, J., not participating. (Appeal from Judgment of Supreme Court, Erie County, Whelan, J.—Article 78.) Present—Denman, P. J., Fallon, Wesley, Doerr and Boehm, JJ.

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Judgment affirmed without costs. Memorandum: Respondent failed to sustain his burden of showing that he gave petitioners notice of a final and binding determination more than four months prior to commencement of this proceeding. Thus, we conclude that this proceeding is timely (see, Nickerson v City of Jamestown, 178 AD2d 1003). The State of New York Department of Civil Service is not a necessary party to this proceeding (see, Matter of Castaways Motel v Schuyler, 24 NY2d 120, 125). Supreme Court properly ordered respondent to reclassify petitioners (see, Matter of Mandle v Brown, 5 NY2d 51, 64-65).

All concur, Fallon, J., not participating. (Appeal from Judgment of Supreme Court, Erie County, Whelan, J.—Article 78.) Present—Denman, P. J., Fallon, Wesley, Doerr and Boehm, JJ.

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206 A.D.2d 877, 616 N.Y.S.2d 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-slisz-nyappdiv-1994.

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