Brennan's Bus Service, Inc. v. City of Cohoes

Appellate Division of the Supreme Court of New York

Brennan's Bus Service, Inc. v. City of Cohoes

136 A.D.2d 796, 523 N.Y.S.2d 255, 1988 N.Y. App. Div. LEXIS 14

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 7, 1988

StatusPublished

This text of 136 A.D.2d 796 (Brennan's Bus Service, Inc. v. City of Cohoes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brennan's Bus Service, Inc. v. City of Cohoes, 136 A.D.2d 796, 523 N.Y.S.2d 255, 1988 N.Y. App. Div. LEXIS 14 (N.Y. Ct. App. 1988).

Pincite

Opinion

—Cross appeals from an order of the Supreme Court (Prior, Jr., J.), entered May 14, 1987 in Albany County, which, inter alia, in a combined action and proceeding pursuant to CPLR article 78, ordered the parties to negotiate regarding whether there was a discontinuation of a nonconforming use.

The order appealed from is a nonfinal intermediate order from which an appeal does not lie as of right (see, CPLR 5701 [b] [1]). Since permission to appeal has not been sought and we do not choose to grant such permission sua sponte, the appeal must be dismissed.

Appeal dismissed, without costs. Mahoney, P. J., Kane, Weiss, Mikoll and Levine, JJ., concur.

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—Cross appeals from an order of the Supreme Court (Prior, Jr., J.), entered May 14, 1987 in Albany County, which, inter alia, in a combined action and proceeding pursuant to CPLR article 78, ordered the parties to negotiate regarding whether there was a discontinuation of a nonconforming use.

The order appealed from is a nonfinal intermediate order from which an appeal does not lie as of right (see, CPLR 5701 [b] [1]). Since permission to appeal has not been sought and we do not choose to grant such permission sua sponte, the appeal must be dismissed.

Appeal dismissed, without costs. Mahoney, P. J., Kane, Weiss, Mikoll and Levine, JJ., concur.

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Bluebook (online)

136 A.D.2d 796, 523 N.Y.S.2d 255, 1988 N.Y. App. Div. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brennans-bus-service-inc-v-city-of-cohoes-nyappdiv-1988.