Dubin v. Macchiarola — 54 N.Y.2d 802

Majority

p. 802

Dennis J. Dubin, Appellant, v Frank J. Macchiarola, as Chancellor of the Board of Education of the City of New York, Respondent.

Decided September 22, 1981

p. 803

APPEARANCES OF COUNSEL

Louis Dubin for appellant.

Allen G. Schwartz, Corporation Counsel (Marjorie E. Bornes of counsel), for respondent.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. It cannot be said as a matter of law that it was error for the Appellate Division to accept petitioner’s statement in his article 78 petition as to the date he commenced employment.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.