Sage v. Broderick

The final determination of a special proceeding is expressed in a final order. “ Strictly speaking there can be no judgment absolute in a special proceeding at all because a special proceeding is terminated by an order (or by a decree in the Surrogate’s Court) and not by a judgment eo nomini.” (Matter of Gibson, 195 N. Y. 466, 469; Matter of Board of Education of Brooklyn, 11 N. Y. Supp. 780; Matter of City of New York v. Mitchell, 183 N. Y. 570; Civ. Prac. Act, §§ 1305, 1532.)

The use of the word “ adjudged ” in the final order is inappropriate, but the substantial error in the order is the…