Surve v. Lavine

Appellate Division of the Supreme Court of New York

Surve v. Lavine

41 A.D.2d 1017, 344 N.Y.S.2d 840, 1973 N.Y. App. Div. LEXIS 4440

Appellate Division of the Supreme Court of the State of New York·Decided May 18, 1973·Published

Opinion

Proceeding unanimously dismissed, without costs as untimely instituted. (Matter of Davis v. Kingsbury, 27 N Y 2d 567; Matter of Mall v. Leonard, 260 App. Div. 591, 595, affd. 285 N. Y. 719; Matter of Nelson v. Kellyr, 4 A D 2d 596.) Were we to reach the merits we would confirm the determination, as it was supported by substantial evidence. {Matter of Playboy Club v. State Liq. Auth., 23 N Y 2d 544,547; Matter of Foster v. Tofany, 31 A D 2d 987.) (Review of determination removing allowance for meals, transferred by order of Monroe Special Term.) Present — Goldman. P. J., Witmer, Moule, Cardamone and Simons, JJ.

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Proceeding unanimously dismissed, without costs as untimely instituted. (Matter of Davis v. Kingsbury, 27 N Y 2d 567; Matter of Mall v. Leonard, 260 App. Div. 591, 595, affd. 285 N. Y. 719; Matter of Nelson v. Kellyr, 4 A D 2d 596.) Were we to reach the merits we would confirm the determination, as it was supported by substantial evidence. {Matter of Playboy Club v. State Liq. Auth., 23 N Y 2d 544,547; Matter of Foster v. Tofany, 31 A D 2d 987.) (Review of determination removing allowance for meals, transferred by order of Monroe Special Term.) Present — Goldman. P. J., Witmer, Moule, Cardamone and Simons, JJ.

Surve v. Lavine, 41 A.D.2d 1017, 344 N.Y.S.2d 840, 1973 N.Y. App. Div. LEXIS 4440 (N.Y. Ct. App. 1973).

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Opinion

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