Mead v. Levitt

Motion by petitioner-appellant insofar as it seeks leave to appeal to the Court of Appeals from our order dated June 16, 1988 [141 AD2d 1008], which unanimously affirmed, without opinion, a judgment of the Supreme Court, New York County (David Saxe, J.), entered on February 17, 1988, granting a motion to dismiss for failure to state a cause of action, is granted.

The instant CPLR article 78 proceeding was dismissed by IAS on the ground that it was not commenced prior to the expiration of the eligible list to which petitioner seeks certification, and that the pendency of an administrative…