Legal Opinion

Leung v. Department of Motor Vehicles

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

Decided November 28, 1978PublishedCited by 6 opinions

1Opinion of the Court

Appeal from order, denominated a judgment, Supreme Court, New York County, entered August 2, 1977, which granted the petition in this article 78 proceeding to the extent of annulling respondent’s determination and remanding the matter to it for a new hearing, unanimously dismissed, without costs or disbursements. The remand directed by the order will require further fact finding and adjudication as to which respondent is unfettered by any directive of Special Term. In that sense, the remand is not merely ministerial. (See Matter of Mid-Island Hosp. v Wyman, 15 NY2d 374, 379; 7…

2Cases cited4 opinions

  1. MATTER OF MID-IS. HOSP. v. WymanNew York Court of Appeals · 1965
  2. Cirasole v. SiminsAppellate Division of the Supreme Court of the State of New York · 1975
  3. Wallace v. Wyandanch Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1977
  4. Young Ja Suh v. Department of Mental HygieneAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by6 opinions

  1. Valentin v. New York City Police Pension FundAppellate Division of the Supreme Court of the State of New York · 2005
  2. Belnavis v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1982
  3. Clermont Tenants Ass'n v. New York State Division of HousingAppellate Division of the Supreme Court of the State of New York · 2010
  4. Montpelier v. MontpelierAppellate Division of the Supreme Court of the State of New York · 1981
  5. Belnavis v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1982

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