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Matter of O'Garro v. N.Y. St. Dept. of Mental Hygiene

Court of Appeals of the State of New York
Feb 6, 1979
46 N.Y.2d 853 (N.Y. 1979)

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. Klein

Opinion

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.


Summaries of

Matter of O'Garro v. N.Y. St. Dept. of Mental Hygiene

Court of Appeals of the State of New York
Feb 6, 1979
46 N.Y.2d 853 (N.Y. 1979)

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. Klein
Case details for

Matter of O'Garro v. N.Y. St. Dept. of Mental Hygiene

Case Details

Full title:In the Matter of THOMAS O'GARRO, Appellant, v. NEW YORK STATE DEPARTMENT…

Court:Court of Appeals of the State of New York

Date published: Feb 6, 1979

Citations

46 N.Y.2d 853 (N.Y. 1979)
414 N.Y.S.2d 515
387 N.E.2d 226

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