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Mickel v. State of New York

Court of Appeals of the State of New York
Oct 13, 1981
429 N.E.2d 423 (N.Y. 1981)

Opinion

Argued September 3, 1981

Decided October 13, 1981

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, VINCENT A. DE IORIO, J.

Dennis H. Cleary for appellant. Robert Abrams, Attorney-General (Stanley Fishman and Shirley Adelson Siegel of counsel), for respondents.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court ( 77 A.D.2d 794). We note that claimant's application for permission to file a late claim stating a cause of action for trespass arising out of the same transactions was denied. The issues presented on that application were not before the Appellate Division and are not now before us, and appellant now presses only a claim grounded in the theory of de facto appropriation. Accordingly, we do not reach the trespass issues.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Mickel v. State of New York

Court of Appeals of the State of New York
Oct 13, 1981
429 N.E.2d 423 (N.Y. 1981)
Case details for

Mickel v. State of New York

Case Details

Full title:EMMA A. MICKEL, Appellant, v. STATE OF NEW YORK et al., Respondents…

Court:Court of Appeals of the State of New York

Date published: Oct 13, 1981

Citations

429 N.E.2d 423 (N.Y. 1981)
429 N.E.2d 423
444 N.Y.S.2d 916

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