MATTER OF O'DONNELL v. ROZZI


99 A.D.2d 494 (1984)

In the Matter of Timothy O'Donnell, Appellant, v. Samuel Rozzi, as Commissioner of Police of The County of Nassau, Respondent

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

January 9, 1984


Appeal dismissed, without costs or disbursements, and order dated October 13, 1982, vacated. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

In a proceeding pursuant to CPLR article 78, a respondent may raise "an objection in point of law by setting it forth in his answer or by a motion to dismiss the petition" (CPLR 7804, subd [f]), and a petitioner may raise "an objection in point of law to new matter contained in...

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