Matter Joseph F. Carillo v. David Axelrod Book Reviews
Matter Joseph F. Carillo v. David Axelrod by Supreme Court of New York Book Summary
In a proceeding pursuant to CPLR article 78 to compel the respondent to consider an appeal relating to a 1974 Medicaid reimbursement rate, petitioner appeals from (1) a judgment of the Supreme Court, Suffolk County (Gowan, J.), entered July 2, 1980, which dismissed the petition, and (2) an order of the same court, dated May 27, 1981, which denied his application for leave to reargue and/or renew the petition. (We deem the notice of appeal dated February 11, 1981 to be a premature notice of appeal from the order.) Judgment affirmed. Appeal from the order dismissed. No appeal lies from an order denying a motion to reargue. Respondent is awarded one bill of $50 costs and disbursements. The motion for leave to reargue and/or renew having presented no new facts unavailable to petitioner as of the time that the original decision was rendered, it shall be treated as a motion for reargument and its denial is therefore not appealable (see Flock v Flock, 81 A.D.2d 605; Matter of Dowling v Bowen, 53 A.D.2d 862). The denial of petitioners salary reimbursement appeal on February 4, 1975 exhausted all administrative remedies. Since this proceeding was not commenced within four months of that date it is time barred pursuant to CPLR 217.
Book Name | Matter Joseph F. Carillo v. David Axelrod |
Genre | Law |
Author | Supreme Court of New York |
Published | 06 July 1981, Monday |
Language | English |
E-Book Size | 61.21 KB |
Matter Joseph F. Carillo v. David Axelrod (Supreme Court of New York) Book Reviews 2024
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Summary of Matter Joseph F. Carillo v. David Axelrod by Supreme Court of New York
The Matter Joseph F. Carillo v. David Axelrod book written by Supreme Court of New York was published on 06 July 1981, Monday in the Law category. A total of 48 readers of the book gave the book 0 points out of 5.
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