Borg v. Leibowitz, 224 A.D.2d 685 (N.Y. App. Div. 1996). · Go Syfert
Borg v. Leibowitz, 224 A.D.2d 685 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
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discussed Cited as authority (rule) People v. Hodges
N.Y. App. Div. · 2017 · confidence medium
Given the testimony of a police officer regarding the witness’s previous knowledge of the defendant through school and their friendship, that witness’s identification of the defendant was merely confirmatory, as she had sufficient familiarity with the defendant (see Matter of Bruce C., 224 AD2d 685, 686 [1996]; People v Anaya, 206 AD2d 380 [1994]).
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In the Matter of Harold Borg
v.
Shawn Leibowitz
Appellate Division of the Supreme Court of the State of New York.
Feb 26, 1996.
224 A.D.2d 685
Published

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Village of Kings Point dated on February 9, 1994, which denied as time-barred an application to appeal a determination of the Building Inspector, the petitioners appeal (1) from a judgment of the Supreme Court, Nassau County (McCarty, J.), entered September 16, 1994, which denied the petition and dismissed the proceeding, and (2) as limited by their brief, from so much of an order of the same court dated January 31, 1995, as, upon reargument, adhered to the prior determination.

Ordered that the appeal from the judgment is dismissed since the judgment was superseded by the order made upon reargument; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

The application to appeal from the determination of the Building Inspector was not timely and was properly denied (see, Village Law § 7-712-a [5]).

The appellants’ remaining contentions are without merit. Thompson, J. P., Altman, Friedmann and Goldstein, JJ., concur.