Legal Opinion

Scott v. Manilla

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 1987PublishedCited by 1 opinion

1Opinion of the Court

— Appeal unanimously dismissed without costs. Memorandum: An appeal from an 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 granted, this appeal must be dismissed (Matter of Driscoll v Department of Fire, 112 AD2d 751; Matter of Steele v City of Buffalo Dept. of Community Dev., 86 AD2d 754; Hawley v Town of Aurora, 41 AD2d 588; Matter of Vivenzio v City of Utica, 30…

2Cases cited4 opinions

  1. Hawley v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1973
  2. Driscoll v. Department of FireAppellate Division of the Supreme Court of the State of New York · 1985
  3. Vivenzio v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1968
  4. Steele v. City of Buffalo Department of Community DevelopmentAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by1 opinion

  1. Scott v. ManillaAppellate Division of the Supreme Court of the State of New York · 1990

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