Szurnicki v. Janisch

Full title: GREGORY SZURNICKI et al., Appellants, v. CAROL JANISCH et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 11, 1994

202 A.D.2d 1071 (N.Y. App. Div. 1994)

612 N.Y.S.2d 983

Opinion

March 11, 1994

Appeal from the Supreme Court, Suffolk County, Oshrin, J.

Present — Green, J.P., Balio, Fallon, Doerr and Boehm, JJ.

Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Oshrin, J.). We add only that petitioners' argument concerning the failure of respondent Kings Park Board of Education to comply with its own policy regarding notice was not raised at Supreme Court and is, therefore, not addressed on this appeal (see, Collucci v. Collucci, 58 N.Y.2d 834, 836-837). We further conclude that this proceeding is not barred by laches (see, Schreier v Cummings, 250 App. Div. 808).