Briggins v. McGuire

OPINION OF THE COURT

Richard Lee Price, J.

In accordance with this court’s decision of April 13,1983 (118 Misc 2d 964), granting this CPLR article 78 petition to the extent of directing the respondent to file and serve an answer, petitioner now moves to have this action restored to the calendar and determined on the merits.

Respondent’s earlier motion to dismiss was granted to the extent of holding that petitioner is not entitled to a court order of reinstatement. The issue before this court now, on the merits, is whether petitioner is entitled to a court-ordered hearing on the issue of…