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Matter of Driscoll v. Department of Fire

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 751 (N.Y. App. Div. 1985)

Opinion

July 12, 1985

Appeal from the Supreme Court, Onondaga County, Hayes, J.

Present — Dillon, P.J., Callahan, Doerr, Boomer and Schnepp, JJ.


Appeal unanimously dismissed, without costs. Memorandum: An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as a matter of right (CPLR 5701 [b] [1]). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (CPLR 5701 [c]). Since no permission to appeal has been sought or granted, this appeal must be dismissed ( Matter of Steele v. City of Buffalo Dept. of Community Dev., 86 A.D.2d 754; Matter of Wallace v. Wyandanch Union Free School Dist., 58 A.D.2d 813; Cirasole v. Simins, 48 A.D.2d 795; Hawley v. Town of Aurora, 41 A.D.2d 588). Were we to reach the merits, however, we would affirm for reasons stated in the decision at Special Term (Hayes, J.) ( see also, Traver v. City of Poughkeepsie, 108 A.D.2d 18).


Summaries of

Matter of Driscoll v. Department of Fire

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 751 (N.Y. App. Div. 1985)
Case details for

Matter of Driscoll v. Department of Fire

Case Details

Full title:In the Matter of DANIEL J. DRISCOLL, Respondent, v. DEPARTMENT OF FIRE OF…

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

Date published: Jul 12, 1985

Citations

112 A.D.2d 751 (N.Y. App. Div. 1985)

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