Legal Opinion

Kusky v. Town of Islip

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

Decided September 11, 1995PublishedCited by 1 opinion

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel compliance with certain provisions of the Public Health Law and State Sanitary Code, the appeal is from an order of the Supreme Court, Suffolk County (Doyle, J.), entered May 11, 1994, which, inter alia, denied the appellants’ motion to dismiss the proceeding as academic.

Ordered that on the Court’s own motion, the appellants’ notices of appeal are treated as applications for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the appeal by the Department of Health…

2Cases cited3 opinions

  1. Alscot Investing Corp. v. Incorporated Village of Rockville CentreNew York Court of Appeals · 1985
  2. MATTER OF MASCONY TRANSP. & FERRY SERV., INC. v. RichmondNew York Court of Appeals · 1980
  3. Kusky v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. Kusky v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1999

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