Fry v. Village of Tarrytown

OPINION OF THE COURT

Joan B. Lefkowitz, J.

On March 27, 1997, the Court of Appeals reversed the Appellate Division (226 AD2d 461), which had affirmed an order of this court dismissing the CPLR article 78 proceeding for want of jurisdiction, holding that respondents waived the right to litigate the jurisdictional question and remitted the matter to the Supreme Court. (Matter of Fry v Village of Tarrytown, 89 NY2d 714, 723.) By letters dated January 7 and 9, 1998, *276brought to the undersigned’s attention on March 10, 1998, respondents’ counsel advised the court of the above disposition (previously…