Opinion
Argued September 22, 1970
Decided October 8, 1970
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH A. NEVINS, J.
J. Clement Johnston for respondent-appellant.
Anthony Manguso, Corporation Counsel ( John P. Egan of counsel), for appellant-respondent.
Louis J. Lefkowitz, Attorney-General ( Julius L. Sackman, Ruth Kessler Toch, Jean M. Coon and Emil Woldar of counsel), amicus curiae and in his statutory capacity under section 71 of the Executive Law.
Appeals dismissed, without costs, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution. The Appellate Division, in ordering a modification of the Supreme Court's judgment, remitted the case to that court for a hearing and determination of issues with respect to (1) an extra allowance to the landowner, (2) costs and (3) disbursements. This remission rendered the Appellate Division's determination nonfinal and, accordingly, the appeals are dismissed by the court sua sponte on the ground that the orders appealed from do not finally determine the action. (See Matter of City of Utica v. Weaver Sons Co., 259 N.Y. 584, mot. for rearg. den. 260 N.Y. 593; see, also, Town of Fallsburgh v. Silverman, 285 N.Y. 515; Cohen and Karger, Powers of the New York Court of Appeals, pp. 43, 47, 57-58.) The parties are directed to the provisions of CPLR 5601 (subd. [d]).