Opinion
April 1, 1971
Appeal from the Monroe Special Term.
Present — Marsh, J.P., Gabrielli, Moule, Cardamone and Henry, JJ.
Determination unanimously confirmed, without costs. Memorandum: This matter properly should have been disposed of at Special Term but this court may now consider it and determine it on the merits (CPLR 7804, subd. [g]; General City Law, § 82, subd. 1, par. [c]; Matter of Fasani v. Rappaport, 30 A.D.2d 588; Matter of Circle Courts v. Lane, 29 A.D.2d 620; Matter of Rotkiewicz v. Department of Mental Hygiene, 283 App. Div. 458, 461).