Hyperlawhypertext legal database Schmidt v. Huban 74 A.D.2d 958

← Cases

Schmidt v. Huban

74 A.D.2d 958 Court N.Y. App. Div. Decision date 1980-03-13 English

Contents

Majority

p. 958
In the Matter of Randall A. Schmidt, Petitioner, v Nick Huban, Doing Business as Nick’s Sneaky Pete’s, et al., Respondents.

Petition dated August 1, 1979 dismissed, sua sponte, on ground petitioner has failed to properly commence a review proceeding by the filing of a petition and the issuance and service of a notice of motion within 30 days after service of the appeal board’s order as required by section 298 of the Executive Law. Were we to reach the merits, we would confirm the determination of the appeal board dismissing the complaint for lack of probable cause. Mahoney, P. J., Sweeney, Kane and Staley, Jr., JJ., concur.

Statutes and regulations cited