Legal Opinion
Seraydar v. Three Village Central School District
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2011PublishedCited by 3 opinions
1Opinion of the Court
The appeal from the order must be dismissed since an order made in a CPLR article 78 proceeding is not appealable as of right (see CPLR 5701 [b] [1]; Matter of Petrocelli v Zoning Bd. of Appeals of Vil. of Kings Point, 281 AD2d 423 [2001]), and any possibility of taking a direct appeal therefrom terminated with the entry of judgment in the proceeding (see Matter of Aho, 39 NY2d 241, 248 [1976]; Matter of Westchester County Correction Officers Benevolent Assn., Inc. v County of Westchester, 71 AD3d 1040, 1040 [2010]). The issues raised on the appeal from the order are brought up for review and…
2Cases cited7 opinions
- In re AhoNew York Court of Appeals · 1976
- Patchogue-Medford Congress of Teachers v. Board of EducationNew York Court of Appeals · 1987
- Fitzpatrick v. Board of Education of Mamaroneck Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
- Westchester County Correction Officers Benevolent Ass'n v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2010
- Petrocelli v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by3 opinions
- Matter of Smyles v. Board of Trustees of Inc. Vil. of MineolaAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Dicker v. Glen Oaks Vil. Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Sweeney v. SchneiderAppellate Division of the Supreme Court of the State of New York · 2014