New York Court of Appeals, 1991

Simmons v. Popolizio

Simmons v. Popolizio
New York Court of Appeals · Decided June 27, 1991
78 N.Y.2d 917; 577 N.E.2d 1056; 573 N.Y.S.2d 464; 1991 N.Y. LEXIS 993

Simmons v. Popolizio

Opinion of the Court

OPINION OF THE COURT

Order affirmed, without costs. Assuming without deciding that the article 78 proceeding is timely under CPLR 217, the June 17, 1988 determination sought to be reviewed cannot be said to constitute an abuse of discretion under the circumstances presented by this case.

*919Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.