Bartoo v. Buell

OPINION OF THE COURT

Memorandum.

The appeals taken by the Bartoo and Pangburn plaintiffs and by the Skiver plaintiffs, respectively, should each be dismissed upon the ground that the June 2, 1994 Supreme Court order appealed from pursuant to CPLR 5601 (d) in order to secure review of prior nonfinal Appellate Division orders, does not itself finally determine the actions within the meaning of the Constitution.

The June 2, 1994 Supreme Court order, being nonfinal, cannot serve to bring up for review, pursuant to CPLR 5601 (d), prior nonfinal Appellate Division orders (see, e.g., Bartoo v Buell,…