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MATTER OF DAVIS v. PETERSON

254 A.D.2d 287 (1998)

678 N.Y.S.2d 272

In the Matter of Martin Davis, Appellant, v. Gregory P. Peterson et al., Respondents

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

October 5, 1998

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, a CPLR article 78 proceeding may be summarily determined "upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised" (CPLR 409 [b]; see, Matter of Barreca v DeSantis, 226 A.D.2d 1085; see also, Matter of Filut v New York State Educ. Dept., 91 A.D.2d 722<...

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