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Matter of Cooper v. Artuz

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 538 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

Appeal from the Supreme Court, Dutchess County (Bernhard, J.).


Ordered that the appeal from the judgment dated January 19, 1994, is dismissed as the judgment was superseded by the order entered September 6, 1994, made upon reargument; and it is further,

Ordered that the order entered September 6, 1994, is reversed, without costs or disbursements, the judgment is vacated, the petition is denied, and the proceeding is dismissed on the merits.

The evidence adduced at the administrative hearing presented credibility issues which the Hearing Officer was free to resolve against the petitioner ( see, Matter of Perez v. Wilmot, 67 N.Y.2d 615; Matter of Valera v. Selsky, 185 A.D.2d 481; Matter of Lewis v. Coughlin, 172 A.D.2d 889). Bracken, J.P., O'Brien, Joy and Florio, JJ., concur.


Summaries of

Matter of Cooper v. Artuz

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 538 (N.Y. App. Div. 1996)
Case details for

Matter of Cooper v. Artuz

Case Details

Full title:In the Matter of GARY M. COOPER, Respondent, v. C. ARTUZ, as…

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

Date published: Jul 22, 1996

Citations

229 A.D.2d 538 (N.Y. App. Div. 1996)
644 N.Y.S.2d 1020