New York Court of Appeals, 1980

Brunswick Hospital Center, Inc. v. October 1979 Grand Jury

Brunswick Hospital Center, Inc. v. October 1979 Grand Jury
New York Court of Appeals · Decided November 20, 1980 · Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
51 N.Y.2d 975; 416 N.E.2d 1057; 435 N.Y.S.2d 722; 1980 N.Y. LEXIS 2811
Brunswick Hospital Center, Inc. v. October 1979 Grand Jury

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Opinion of the Court

OPINION OF THE COURT

Order reversed, without costs, and matter remitted to the Appellate Division, Second Department, for reconsideration in the light of Matter of McGinley v Hynes (51 NY2d 116). We note, however, that this disposition is without prejudice to either party, if so advised, proceeding in timely fashion, pursuant to either CPLR 5601 or 5602, with respect to the order of the Appellate Division entered after reconsideration.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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