MATTER OF ROSENBERG v. BARTLETT


81 A.D.2d 867 (1981)

In the Matter of David Rosenberg, Respondent, v. Richard J. Bartlett, as Chief Administrative Judge of the Courts, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 11, 1981


Judgment modified, on the law, by deleting the second and third decretal paragraphs and substituting a provision dismissing the proceeding on the merits. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements.

Initially, we note that petitioner's article 78 proceeding was not barred by the Statute of Limitations or laches. A final determination on the merits of his complaint did not occur until October 16, 1978. Petitioner, then...

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