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BACHETY v. KINSELLA

146 A.D.2d 725 (1989)

Sondra Bachety, Appellant, v. Juliette Kinsella et al., Respondents, and County of Suffolk et al., Respondents-Appellants

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

January 27, 1989

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The CPLR article 78 proceeding was properly dismissed since there is no allegation that up to this point an officer or body has failed to perform a duty enjoined upon it by law nor did any body or officer proceed in excess of jurisdiction (see, CPLR 7803). Any claims which anticipate such actions in the future are purely...

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