Barrett v. Scaringe

and votes to affirm in the following memorandum. Kane, J. (dissenting). I respectfully dissent. Both Matter of Hargett v Jefferson (63 NY2d 696, revg 104 AD2d 464) and Matter of Jonas v Black (63 NY2d 685, affg 104 AD2d 466) were argued on the same date and handed down on the same date by the Court of Appeals. Inexplicably however, *1098the Court of Appeals reached different results in the two cases using different standards of review. In Matter of Hargett v Jefferson (supra), the Court of Appeals reversed the Second Department and reiterated the rule that the cover sheet requirements contained in…