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Matter of Notman v. New York State Dept. of Health
A new contention " may not be raised for the first time before the courts in [a CPLR] article 78 proceeding' " ( Matter of Peckham v Calogero , 12 NY3d 424, 430 [2009]; see Matter of Yarbough v Franco , 95 NY2d 342, 347 [2000]; Matter of Krall v Kelly , 142 AD2d 951, 951-952 [4th Dept 1988]).
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In the Matter of Michael Todd M.
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
Jul 7, 1988.
142 A.D.2d 951
Cited by 1 opinion | Published
Order unanimously affirmed without costs. Same memorandum as in Matter of John Lawrence M. ([appeal No. 1] 142 AD2d 950 [decided herewith]). (Appeal from order of Erie County Family Court, Notaro, J.—permanent neglect.) Present—Boomer, J. P., Green, Pine, Lawton and Davis, JJ.