Opinion

Burgos v. Coughlin

108 A.D.2d 194
488 N.Y.S.2d 847
1985 N.Y. App. Div. LEXIS 42949

Court: Appellate Division of the Supreme Court of the State of New York
Filed: May 9, 1985
Status: Published
Author: Levine
On the bench: Levine, Mahoney
Cited by: 37 cases
Authority: More cited than 1.5%

The opinion

Levine, J.

(concurring). Since the Court of Appeals in Matter of Garcia v LeFevre ( 64 NY2d 1001 ) did not reach the dispositive issue in the instant cases, the position of the majority in our Garcia decision ( 102 AD2d 1004 ) still controls. Therefore, I am constrained to concur.

Kane, Casey and Weiss, JJ., concur with Mahoney, P. J.; Levine, J., concurs in a separate opinion.

Determinations confirmed, and petitions dismissed, without costs.

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