failure to include clause in New York

2000Contrary to petitioner’s argument, he was not entitled to either a hearing before the Commissioner or a trial in connection with this CPLR article 78 proceeding (see, Matter of Akshar v Mills, 249 AD2d 786, 787-788 , lv dismissed 92 NY2d 962 ).

2000Contrary to petitioner’s argument, he was not entitled to either a hearing before the Commissioner or a trial in connection with this CPLR article 78 proceeding (see, Matter of Akshar v Mills, 249 AD2d 786, 787-788 , lv dismissed 92 NY2d 962 ).

1989Defendant’s reliance upon Crain v Crain ( 109 AD2d 1094 ) is inappropriate.

1989While it is true that a court may direct entry of judgment or order “nunc pro tune” to correct an award or in furtherance of justice where the failure to include a clause was due to accident or excusable oversight or mistake (Karpuk v Karpuk, 177 Misc 729 ), this is not the case here.

1984The Attorney-General’s view should be given great weight as he is the administrator of this statute (Servomation Corp. v State Tax Comm., 51 NY2d 608 ; Bunim v 300 CPW Apts.

1983(Cf. Mayers v D’Agostino, 58 NY2d 696 .) Instead, the city orally renewed the motion at trial, albeit prior to opening statements, but without written documentation and legal memorandum in support.

1980(Cf. Shaffer v Heitner, 433 US 186 ).

1980As we noted in Guercio v Hertz Corp. ( 40 NY2d 680, 684 ), self-insurance is a form of financial security which is conceptually distinct from our conventional notions of insurance.