Legal Opinion
Driscoll v. Department of Fire
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1985PublishedCited by 5 opinions
1Opinion of the Court
Appeal unanimously dismissed, without costs. Memorandum: An appeal from a nonfinal intermediate 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 sought or granted, this appeal must be dismissed (Matter of Steele v City of Buffalo Dept. of Community Dev., 86 AD2d 754; Matter of Wallace v Wyandanch Union Free School Dist., 58 AD2d 813; Grasole v Simins, 48 AD2d 795; Hawley…
2Cases cited5 opinions
- Hawley v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1973
- Traver v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1985
- Cirasole v. SiminsAppellate Division of the Supreme Court of the State of New York · 1975
- Wallace v. Wyandanch Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1977
- Steele v. City of Buffalo Department of Community DevelopmentAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- Sutka v. ConnersNew York Court of Appeals · 1989
- Driscoll v. Department of Fire of City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1985
- Engelbert v. WarshefskiAppellate Division of the Supreme Court of the State of New York · 2001
- People ex rel. Afrika v. RussiAppellate Division of the Supreme Court of the State of New York · 1994
- Scott v. ManillaAppellate Division of the Supreme Court of the State of New York · 1987