Wilhelm v. State

Appellate Division of the Supreme Court of New York

Wilhelm v. State

81 A.D.2d 921, 440 N.Y.S.2d 573, 1981 N.Y. App. Div. LEXIS 11645

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

DecidedMay 26, 1981

StatusPublished

This text of 81 A.D.2d 921 (Wilhelm v. State) 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

Wilhelm v. State, 81 A.D.2d 921, 440 N.Y.S.2d 573, 1981 N.Y. App. Div. LEXIS 11645 (N.Y. Ct. App. 1981).

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Opinion

— Appeal from an order of the Supreme Court, Orange County, dated June 25, 1980, which, inter alia, denied appellants’ cross motion to dismiss the petition, directed that appellants serve an answer and directed that appellants hold a hearing under section 210 (subd 2, par [h]) of the Civil Service Law. Leave to appeal is granted by Mr. Justice Mangano. Order modified, by deleting the provision directing appellants to hold a hearing. As so modified, order affirmed, without costs or disbursements. [922]*922Appellants’ time to answer is extended until 20 days after service upon them of a copy of the order to be made hereon, with notice of entry. Upon the denial of appellants’ cross motion to dismiss, the court directed that appellants serve their answer to the petition. It was improper for the court, at the present time, to also direct appellants to hold a hearing. Damiani, J. P., Lazer, Mangano and Weinstein, JJ., concur.

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— Appeal from an order of the Supreme Court, Orange County, dated June 25, 1980, which, inter alia, denied appellants’ cross motion to dismiss the petition, directed that appellants serve an answer and directed that appellants hold a hearing under section 210 (subd 2, par [h]) of the Civil Service Law. Leave to appeal is granted by Mr. Justice Mangano. Order modified, by deleting the provision directing appellants to hold a hearing. As so modified, order affirmed, without costs or disbursements. [922]*922Appellants’ time to answer is extended until 20 days after service upon them of a copy of the order to be made hereon, with notice of entry. Upon the denial of appellants’ cross motion to dismiss, the court directed that appellants serve their answer to the petition. It was improper for the court, at the present time, to also direct appellants to hold a hearing. Damiani, J. P., Lazer, Mangano and Weinstein, JJ., concur.

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Bluebook (online)

81 A.D.2d 921, 440 N.Y.S.2d 573, 1981 N.Y. App. Div. LEXIS 11645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilhelm-v-state-nyappdiv-1981.