Distinguished
Distinguished by Alessio v. Carey, 10 N.Y.3d 751 (2008)
We disagree with the Appellate Division’s conclusion that our decisions in Testa v Ravitz (84 NY2d 893 [1994]) and Matter of Larsen v Canary (107 AD2d 809 [1985], affd for the reasons stated below 65 NY2d 634 [1985]) control here.
The opinion
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division ( 107 AD2d 809 ).
(See also, Matter of Corrigan v Board of Elections,
38 AD2d 825 ,
affd
30 NY2d 603 .)
*636
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander.