Smith v. Cuomo

In a proceeding pursuant to CPLR article 78 to prohibit the Secretary of State, or any person acting under him, from taking further acts or proceedings pursuant to a notice of hearing as to a charge of untrustworthiness and incompetency against petitioner, the Secretary of State appeals from a judgment of the Supreme Court, Nassau County, dated October 20, 1978, which, upon denying his motion to dismiss, granted the petition. Judgment reversed, on the law, with costs, motion to dismiss granted, and proceeding dismissed. Special Term determined that the petitioner’s alleged violation of local…