New York Court of Appeals September 22, 1981 (Dubin v. Macchiarola)

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.