MATTER OF POKOIK v. DEP'T OF HEALTH SERVS., COUNTY OF SUFFOLK


210 A.D.2d 414 (1994)

620 N.Y.S.2d 98

In the Matter of Lee Pokoik, Appellant, v. Department of Health Services, County of Suffolk, et al., Respondents

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

December 19, 1994


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court denied the petitioner's motion for partial summary judgment without reaching its merits on the ground that other issues, beyond the scope of the motion, were required to be simultaneously resolved and should have been raised in the motion. While we hold that this was not a proper basis for the denial...

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