Branch v. Hammock

Appellate Division of the Supreme Court of New York

Branch v. Hammock

98 A.D.2d 991, 470 N.Y.S.2d 260, 1983 N.Y. App. Div. LEXIS 21343

Appellate Division of the Supreme Court of the State of New York·Decided December 16, 1983·Published

Opinion

— Appeal unanimously dismissed. Memorandum: The judgment was entered upon the denial of an ex parte application for an order to show cause to commence a CPLR article 78 proceeding. It is not appealable (Matter ofScotti, 53 AD2d 282, 285-286). Although the proceeding was not otherwise properly instituted by personal service of a notice of petition (see CPLR 403, subd [c]; 304), Special Term addressed the merits in a memorandum decision. Were we to review the merits, we would affirm. (Appeal from judgment of Supreme Court, Cayuga County, Contiguglia, J. — art 78.) Present •— Dillon, P. J., Doerr, Denman, O’Donnell and Moule, JJ.

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— Appeal unanimously dismissed. Memorandum: The judgment was entered upon the denial of an ex parte application for an order to show cause to commence a CPLR article 78 proceeding. It is not appealable (Matter ofScotti, 53 AD2d 282, 285-286). Although the proceeding was not otherwise properly instituted by personal service of a notice of petition (see CPLR 403, subd [c]; 304), Special Term addressed the merits in a memorandum decision. Were we to review the merits, we would affirm. (Appeal from judgment of Supreme Court, Cayuga County, Contiguglia, J. — art 78.) Present •— Dillon, P. J., Doerr, Denman, O’Donnell and Moule, JJ.

Branch v. Hammock, 98 A.D.2d 991, 470 N.Y.S.2d 260, 1983 N.Y. App. Div. LEXIS 21343 (N.Y. Ct. App. 1983).

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Opinion

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