Treadwell v. Langhorne

Appellate Division of the Supreme Court of New York

Treadwell v. Langhorne

72 A.D.2d 776, 421 N.Y.S.2d 827, 1979 N.Y. App. Div. LEXIS 14013

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

DecidedNovember 13, 1979

StatusPublished

This text of 72 A.D.2d 776 (Treadwell v. Langhorne) 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

Treadwell v. Langhorne, 72 A.D.2d 776, 421 N.Y.S.2d 827, 1979 N.Y. App. Div. LEXIS 14013 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated April 18, 1979 as upon granting reargument adhered to its original determination dismissing the petition as moot. Order reversed insofar as appealed from, without costs or disbursements, petition reinstated and matter remanded to Special Term for a determination of the triable issues of fact. The respondents’ assertions that a certification procedure pursuant to section 151 of the Indian Law had already taken place raises a factual question which should have been resolved at a hearing prior to Special Term’s determination that the petition was moot. Therefore, we reverse the order under review insofar as appealed from, so that a hearing may be conducted. Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated April 18, 1979 as upon granting reargument adhered to its original determination dismissing the petition as moot. Order reversed insofar as appealed from, without costs or disbursements, petition reinstated and matter remanded to Special Term for a determination of the triable issues of fact. The respondents’ assertions that a certification procedure pursuant to section 151 of the Indian Law had already taken place raises a factual question which should have been resolved at a hearing prior to Special Term’s determination that the petition was moot. Therefore, we reverse the order under review insofar as appealed from, so that a hearing may be conducted. Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

72 A.D.2d 776, 421 N.Y.S.2d 827, 1979 N.Y. App. Div. LEXIS 14013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/treadwell-v-langhorne-nyappdiv-1979.