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Matter of Cafiso v. Corso

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1971
36 A.D.2d 840 (N.Y. App. Div. 1971)

Opinion

April 19, 1971


In an article 78 proceeding, respondents appeal from a judgment of Supreme Court, Suffolk County, dated July 23, 1970, which, inter alia, adjudged that petitioners were to be granted the title of Deputy Sheriff in the Department of Sheriff of Suffolk County, and denied their motion for reargument, except that they do not appeal from so much of the judgment as permitted Philip Corso to be substituted as a party respondent in place of Frank A. Gross. Judgment, insofar as appealed from, reversed on the law, without costs, appeal from so much of judgment as denies motion for reargument dismissed, and the petition is remanded to the Supreme Court, Suffolk County, for proceedings not inconsistent herewith. A triable issue of fact exists in this proceeding which precludes a determination on the papers without a hearing. In our view, the stipulations and the order entered pursuant thereto in the prior proceeding are not determinative of the present proceeding. Munder, Acting P.J., Martuscello, Shapiro, Gulotta and Benjamin, JJ., concur.


Summaries of

Matter of Cafiso v. Corso

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1971
36 A.D.2d 840 (N.Y. App. Div. 1971)
Case details for

Matter of Cafiso v. Corso

Case Details

Full title:In the Matter of GEORGE R. CAFISO et al., Respondents, v. PHILIP CORSO, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 19, 1971

Citations

36 A.D.2d 840 (N.Y. App. Div. 1971)