Summary
In O'Garro v. New York State Dept of Mental Hygiene (46 NY2d 853), the Court converted an Article 78 proceeding to a plenary action where a hospital employee sought to rescind a stipulation, based on fraud, which settled a disciplinary proceeding.
Summary of this case from Cohen v. KleinOpinion
Argued January 3, 1979
Decided February 6, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.
Alvin C. Morris for appellant.
Robert Abrams, Attorney-General (Harold Tompkins and Samuel A. Hirshowitz of counsel), for respondents.
Order reversed, with costs, for the reasons stated in the dissenting memorandum by Presiding Justice FRANCIS T. MURPHY, 26., at the Appellate Division ( 60 A.D.2d 546-547), and the matter converted to a plenary action and remitted to Supreme Court, Bronx County, for further proceedings (CPLR 103, subd [c]).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.