Schmidt v. Huban

Appellate Division of the Supreme Court of New York

Schmidt v. Huban

74 A.D.2d 958, 1980 N.Y. App. Div. LEXIS 10773

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

DecidedMarch 13, 1980

StatusPublished

This text of 74 A.D.2d 958 (Schmidt v. Huban) 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

Schmidt v. Huban, 74 A.D.2d 958, 1980 N.Y. App. Div. LEXIS 10773 (N.Y. Ct. App. 1980).

Pincite

Opinion

Petition dated August 1, 1979 dismissed, sua sponte, on ground petitioner has failed to properly commence a review proceeding by the filing of a petition and the issuance and service of a notice of motion within 30 days after service of the appeal board’s order as required by section 298 of the Executive Law. Were we to reach the merits, we would confirm the determination of the appeal board dismissing the complaint for lack of probable cause. Mahoney, P. J., Sweeney, Kane and Staley, Jr., JJ., concur.

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Petition dated August 1, 1979 dismissed, sua sponte, on ground petitioner has failed to properly commence a review proceeding by the filing of a petition and the issuance and service of a notice of motion within 30 days after service of the appeal board’s order as required by section 298 of the Executive Law. Were we to reach the merits, we would confirm the determination of the appeal board dismissing the complaint for lack of probable cause. Mahoney, P. J., Sweeney, Kane and Staley, Jr., JJ., concur.

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Bluebook (online)

74 A.D.2d 958, 1980 N.Y. App. Div. LEXIS 10773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-huban-nyappdiv-1980.