Kohler v. Board of Education

Motion for leave to appeal pursuant to CPLR 5602 (a) (1) (ii) dismissed upon the ground that movant Board of Education, South Huntington Union Free School District, has an appeal pending in the Appellate Division from the judgment sought to be appealed from. Simultaneous appeals do not lie to both the Appellate Division and the Court of Appeals. [See, 122 AD2d 878.]