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Appellate Division of the Supreme Court of New York, 1966

Claim of Rubino v. City of New York

Claim of Rubino v. City of New York
Appellate Division of the Supreme Court of New York · Decided December 16, 1966
27 A.D.2d 588; 1966 N.Y. App. Div. LEXIS 2844
Claim of Rubino v. City of New York

Opinion of the Court

Motion to dismiss appeal as academic granted, respondent board having vacated the decision appealed during the pendency of the appeal. The subsequent decision may not be reviewed upon this appeal. (Cf. Matter of Williams v. Bowers, 24 A D 2d 1035; Matter of Veach v. County of Erie, 24 A D 2d 916; where, upon rehearing, the board adhered to its original decision.) Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

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