¶1— Determination annulled, on the law, and petition granted (see, mem in Matter of Lahey v Kelly, 125 AD2d 923 [decided herewith]). All concur, except Balio, J., who dissents and votes to confirm the determination (see, dissenting mem in Matter of Lahey v Kelly, 125 AD2d 923,924-926 [decided herewith], supra). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Doerr, J. P., Denman, Green, Pine and Balio, JJ.
125 A.D.2d 1007
Gatson v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 1986
Appellate Division of the Supreme Court of the State of New York · decided 1986-12-19
Decided 1986-12-19