Legal Opinion
Noghrey v. Town of Brookhaven
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2012PublishedCited by 2 opinions
1Opinion of the Court
*852The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the amended judgment (see CPLR 5501 [a] [1]). The appeal from the judgment must be dismissed as the judgment was superseded by the amended judgment.
The salient facts concerning the plaintiff’s claim that a comprehensive rezoning by the Town of Brookhaven effectuated a partial regulatory…
2Cases cited10 opinions
- In re AhoNew York Court of Appeals · 1976
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Louis Schneider v. County of San Diego, and Reybro, Inc., a California Corporation, Dba, Quality Auto RecyclingCourt of Appeals for the Ninth Circuit · 2002
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3Cited by2 opinions
- Matter of New Cr. Bluebelt, Phase 4.Appellate Division of the Supreme Court of the State of New York · 2014
- Noghrey v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2019