MATTER OF MORRISON v. CITY OF BUFFALO BD. OF EDUC.


199 A.D.2d 1074 (1993)

605 N.Y.S.2d 605

In the Matter of John P. Morrison, Respondent, v. City of Buffalo Board of Education, Appellant

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

December 29, 1993


Judgment unanimously reversed on the law with costs and motion denied with leave to respondent to answer the petition within 20 days of service of a copy of the order of this Court with notice of entry.

Memorandum:

Supreme Court improperly converted respondent's motion to dismiss the petition (CPLR 7804 [f]) into a motion for summary judgment (CPLR 3211 [c]) and granted summary judgment to petitioner. The motion...

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