Legal Opinion

Gaines v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1986PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: We reverse for the reason stated in Matter of Elliott v Kelly (117 AD2d 1002). We add only that the remaining issues petitioner raises here were not raised before Special Term and, therefore, are not properly before this court (see, Lyons v Quandt, 91 AD2d 709, 710; Matter of Van Wormer v Leversee, 87 AD2d 942, 943; Peasley v Reid, 57 AD2d 998, 999; Matter of Chauvel v Nyquist, 55 AD2d 76, 79, affd 43 NY2d 48). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J.—art 78.) Present —Denman, J. P.,…

2Cases cited6 opinions

  1. Chauvel v. NyquistNew York Court of Appeals · 1977
  2. Van Wormer v. LeverseeAppellate Division of the Supreme Court of the State of New York · 1982
  3. Lyons v. QuandtAppellate Division of the Supreme Court of the State of New York · 1982
  4. Peasley v. ReidAppellate Division of the Supreme Court of the State of New York · 1977
  5. Chauvel v. NyquistAppellate Division of the Supreme Court of the State of New York · 1976

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3Cited by3 opinions

  1. Bones v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
  2. Floyd v. KellyAppellate Division of the Supreme Court of the State of New York · 1989
  3. Licastro v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989

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