Appellate Division of the Supreme Court of New York, 1982

Salahuddin v. Smith

Salahuddin v. Smith
Appellate Division of the Supreme Court of New York · Decided December 23, 1982
91 A.D.2d 755; 458 N.Y.S.2d 899; 1982 N.Y. App. Div. LEXIS 19646
Salahuddin v. Smith

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— Appeal from a judgment of the Supreme Court at Special Term (Dier, J.), entered January 6, 1982, which denied petitioner’s application for an order to show cause to commence proceedings against respondents pursuant to CPLR article 78. In view of our recent decision in Matter of King v Gregorie (90 AD2d 922), the present appeal must be dismissed. Were we to exercise our authority under CPLR 5704 (subd [a]), we would nonetheless hold that Special Term correctly denied petitioner’s application for having failed to exhaust his administrative remedies (see 7 NYCRR 5.45; 9 NYCRR 8008.8; Matter of Cosgrove v Klingler, 58 AD2d 910). Appeal *756dismissed, without costs; application pursuant to CPLR 5704 (subd [a]), denied. Mahoney, P. J., Sweeney, Kane, Weiss and Levine, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.