Legal Opinion
DeMonico v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 9 opinions
1Opinion of the Court
*266Although this proceeding was improperly transferred to this Court because the determination of respondent was not made pursuant to an administrative hearing, we nevertheless address the merits of the petition in the interest of judicial economy (see Matter of McGann-Wayne v Lippa, 284 AD2d 279 [2001]; Matter of 125 Bar Corp. v State Liq. Auth. of State of N.Y., 24 NY2d 174, 180 [1969]).
In view of the objective medical evidence demonstrating that petitioner’s cardiomyopathy was of unknown origin and that while he had high blood pressure since 2003, it was unlikely that this was the cause of…
2Cases cited4 opinions
- 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969
- Seldon v. KellyAppellate Division of the Supreme Court of the State of New York · 2005
- McGann-Wayne v. LippaAppellate Division of the Supreme Court of the State of New York · 2001
- Walsh v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by9 opinions
- Higgins v. KellyAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Modlin v. KellyAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Russell v. New York City Fire Pension FundAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Russell v. New York City Fire Pension FundAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Independence House Tenants' Assn. v. New York City Hous. Preserv. & Dev.Appellate Division of the Supreme Court of the State of New York · 2019
4 more not listed; retrieve them via the Exa API.