MATTER OF McHENRY v. BITTNER


70 A.D.3d 699 (2010)

892 N.Y.S.2d 873

In the Matter of ESTHER McHENRY, Appellant, v. ANNE BITTNER et al., Respondents.

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

Decided February 2, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Putnam County, for the entry of an appropriate amended judgment.

"An agency action is final when the decisionmaker has arrived at a definitive position on the issue that inflicts an actual, concrete injury" (Matter of Jones v Amicone, 27 A.D.3d 465, 468 [2006], quoting Matter of Essex County v Zagata...

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