Rugg v. State of New York

The order appealed from is a nonunanimous reversal of a final order in a special proceeding and so no leave to appeal or certified questim was necessary (see Skakandy v. State of New York, 298 N. Y. 886; Natoli v. Board of Educ. of City of Norwich, 303 N. Y. 646). It cannot be said as matter of law that the allegations of the moving affidavit do not comply with subdivision 5 of section 10 of the Court of Claims Act, and, therefore, the matter of granting or denying the application was a discretionary one. The Appellate Division had full power to review the exercise of discretion in this…