Siskavich v. Broadnax

Appellate Division of the Supreme Court of New York

Siskavich v. Broadnax

156 A.D.2d 779, 550 N.Y.S.2d 854, 1989 N.Y. App. Div. LEXIS 15731

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

DecidedDecember 14, 1989

StatusPublished

This text of 156 A.D.2d 779 (Siskavich v. Broadnax) 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

Siskavich v. Broadnax, 156 A.D.2d 779, 550 N.Y.S.2d 854, 1989 N.Y. App. Div. LEXIS 15731 (N.Y. Ct. App. 1989).

Pincite

Opinion

Casey, J.

Appeal from a judgment of the Supreme Court (Viscardi, J.), entered November 10, 1988 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner seeks review of an administrative determination made more than four months prior to the attempted commencement of this proceeding (see, CPLR 217; Matter of Miller v Ambach, 124 AD2d 882). In any event, the petition was never served in the manner required by CPLR 7804 (c). The judgment dismissing the petition should, therefore, lie affirmed.

Judgment affirmed, without costs. Kane, J. P., Casey, Weiss, Mercure and Harvey, JJ., concur.

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Casey, J.

Appeal from a judgment of the Supreme Court (Viscardi, J.), entered November 10, 1988 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner seeks review of an administrative determination made more than four months prior to the attempted commencement of this proceeding (see, CPLR 217; Matter of Miller v Ambach, 124 AD2d 882). In any event, the petition was never served in the manner required by CPLR 7804 (c). The judgment dismissing the petition should, therefore, lie affirmed.

Judgment affirmed, without costs. Kane, J. P., Casey, Weiss, Mercure and Harvey, JJ., concur.

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Bluebook (online)

156 A.D.2d 779, 550 N.Y.S.2d 854, 1989 N.Y. App. Div. LEXIS 15731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siskavich-v-broadnax-nyappdiv-1989.

Opinion

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