Board of Education v. Ambach

New York Court of Appeals

Board of Education v. Ambach

437 N.E.2d 1154, 56 N.Y.2d 792, 452 N.Y.S.2d 397, 1982 N.Y. LEXIS 3439

New York Court of Appeals·Decided May 20, 1982·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, and the matter remitted to the Appellate Division, Third Department, for review of the judgment of Special Term entered in this proceeding. The [794] order of Special Term entered in a prior separate proceeding brought by respondent Leichner pursuant to CPLR article 78 is not a nonfinal order which necessarily affects the final judgment in this proceeding (CPLR 5501, subd [a], par 1) and, accordingly, is not subject to review in this proceeding.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, and the matter remitted to the Appellate Division, Third Department, for review of the judgment of Special Term entered in this proceeding. The [794] order of Special Term entered in a prior separate proceeding brought by respondent Leichner pursuant to CPLR article 78 is not a nonfinal order which necessarily affects the final judgment in this proceeding (CPLR 5501, subd [a], par 1) and, accordingly, is not subject to review in this proceeding.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Board of Education v. Ambach, 437 N.E.2d 1154, 56 N.Y.2d 792, 452 N.Y.S.2d 397, 1982 N.Y. LEXIS 3439 (N.Y. 1982).

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Opinion

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