Vargas v. LeFevre

Appellate Division of the Supreme Court of New York

Vargas v. LeFevre

122 A.D.2d 963, 505 N.Y.S.2d 567, 1986 N.Y. App. Div. LEXIS 59451

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

DecidedAugust 19, 1986

StatusPublished

This text of 122 A.D.2d 963 (Vargas v. LeFevre) 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

Vargas v. LeFevre, 122 A.D.2d 963, 505 N.Y.S.2d 567, 1986 N.Y. App. Div. LEXIS 59451 (N.Y. Ct. App. 1986).

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Opinion

— Application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term, entered February 7, 1986 which, in effect, denied petitioner’s application for an order to show cause to commence a CPLR article 78 proceeding against respondents.

[964]*964Application granted, and order entered February 7, 1986 vacated. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term for the issuance of an order to show cause authorizing commencement of a proceeding by such service as Special Term deems appropriate (see, Matter of King v Gregorie, 90 AD2d 922, lv dismissed 58 NY2d 822). Mahoney, P. J., Kane, Main, Levine and Harvey, JJ., concur.

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— Application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term, entered February 7, 1986 which, in effect, denied petitioner’s application for an order to show cause to commence a CPLR article 78 proceeding against respondents.

[964]*964Application granted, and order entered February 7, 1986 vacated. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term for the issuance of an order to show cause authorizing commencement of a proceeding by such service as Special Term deems appropriate (see, Matter of King v Gregorie, 90 AD2d 922, lv dismissed 58 NY2d 822). Mahoney, P. J., Kane, Main, Levine and Harvey, JJ., concur.

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Bluebook (online)

122 A.D.2d 963, 505 N.Y.S.2d 567, 1986 N.Y. App. Div. LEXIS 59451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vargas-v-lefevre-nyappdiv-1986.

Opinion

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