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Cohalan v. Johnson Electrical Constr. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1984
105 A.D.2d 770 (N.Y. App. Div. 1984)

Opinion

November 19, 1984

Appeal from the Supreme Court, Suffolk County (Jones, J.).


Appeal dismissed, without costs or disbursements.

The precalendar conference stipulation and order did not decide a motion which was made upon notice, and thus is not appealable to this court as of right (CPLR 5701, subd [a], par 2). "If counsel is of the view that appellate review [of such an order] is necessary, counsel should make a formal motion on notice and papers at Special Term, Part 8-A, to vacate or modify the precalendar conference order, or particular provisions of it" and appeal, if necessary, from the resulting order ( Everitt v Health Maintenance Center, 86 A.D.2d 224, 227). Mangano, J.P., Gibbons, O'Connor and Brown, JJ., concur.


Summaries of

Cohalan v. Johnson Electrical Constr. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1984
105 A.D.2d 770 (N.Y. App. Div. 1984)
Case details for

Cohalan v. Johnson Electrical Constr. Corp.

Case Details

Full title:PETER F. COHALAN, as County Executive of the County of Suffolk, et al.…

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

Date published: Nov 19, 1984

Citations

105 A.D.2d 770 (N.Y. App. Div. 1984)

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