Matter of Van Horn v. Smith

Full title: In the Matter of LEWIS VAN HORN, Appellant, v. HAROLD J. SMITH, as…

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

Date published: Sep 27, 1988

143 A.D.2d 530 (N.Y. App. Div. 1988)

Opinion

September 27, 1988

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Dillon, P.J., Callahan, Boomer, Balio and Davis, JJ.

Judgment unanimously reversed on the law and petition granted, in accordance with same memorandum as in Matter of Bradley v Smith ( 143 A.D.2d 536 [decided herewith]). We add only that it is unnecessary to reach the issue whether petitioner failed to exhaust his administrative remedies