Appellate Division of the Supreme Court of New York, 2003

Elbert v. Berbary

Elbert v. Berbary
Appellate Division of the Supreme Court of New York · Decided December 31, 2003
2 A.D.3d 1442; 769 N.Y.S.2d 426; 2003 N.Y. App. Div. LEXIS 14426
Elbert v. Berbary

Opinion of the Court

— Appeal from a judgment (denominated order) of Supreme Court, Erie County (Mahoney, J.), entered February 4, 2003, which dismissed the CPLR article 78 petition.

*1443It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs (see Matter of Raqiyb v Donnelly, 307 AD2d 761 [2003]). Present—Green, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.

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