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MATTER OF McKENZIE v. SCHEMBRI

235 A.D.2d 351 (1997)

653 N.Y.S.2d 545

In the Matter of Harlie McKenzie, Appellant, v. Anthony J. Schembri, as Correction Commissioner of The City of New York, et al., Respondents

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

January 28, 1997

Renewal was properly granted because the ground on which the determination was annulled, namely, that petitioner was terminated after his period of probation had expired, was first raised by petitioner only in his reply papers, rendering excusable respondents' omission of facts relevant to the reckoning of such period (see, De Almeida v Finesod, 160 A.D.2d 491). Upon renewal, the...

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