¶1Judgment unanimously reversed on the law and petition granted, in accordance with same memorandum as in Matter of Bradley v Smith (143 AD2d 536 [decided herewith]). We add only that it is unnecessary to reach the issue whether petitioner failed to exhaust his administrative remedies (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.
143 A.D.2d 530
Van Horn v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1988
Appellate Division of the Supreme Court of the State of New York · decided 1988-09-27
Decided 1988-09-27