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Matter of Gaffney v. Goldrick

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1998
250 A.D.2d 849 (N.Y. App. Div. 1998)

Opinion

May 26, 1998

Appeal from the Supreme Court, Rockland County (Miller, J.)


Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the appellants contention, the New York State Retirement System was not a necessary party to this proceeding ( see, CPLR 1001 [a]; Clemente v. Piscitella, 197 A.D.2d 765; see also, Matter of Dapp v. Board of Educ., 248 A.D.2d 712 Matter of Gregory v. Bemus Point Cent. School Dist., 237 A.D.2d 887).

Crucial exhibits are missing from the record, precluding review of the appellants claim of laches and their contention that the Supreme Court improperly calculated the leave accruals of the petitioner John Gaffney ( see, Cross Westchester Dev. Gorp. v. Sleepy Hollow Motor Ct., 222 A.D.2d 644).

The appellants remaining contention is unpreserved for appellate review.

Friedmann, J.P., Goldstein, Florio and Luciano, JJ., concur.


Summaries of

Matter of Gaffney v. Goldrick

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1998
250 A.D.2d 849 (N.Y. App. Div. 1998)
Case details for

Matter of Gaffney v. Goldrick

Case Details

Full title:In the Matter of JOHN GAFFNEY et al., Respondents, v. THOMAS GOLDRICK, as…

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

Date published: May 26, 1998

Citations

250 A.D.2d 849 (N.Y. App. Div. 1998)
671 N.Y.S.2d 705

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