Briedis v. Briggs

Appellate Division of the Supreme Court of New York

Briedis v. Briggs

119 A.D.2d 751, 501 N.Y.S.2d 605, 1986 N.Y. App. Div. LEXIS 55677

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

DecidedApril 21, 1986

StatusPublished

Cited by1 cases

This text of 119 A.D.2d 751 (Briedis v. Briggs) 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

Briedis v. Briggs, 119 A.D.2d 751, 501 N.Y.S.2d 605, 1986 N.Y. App. Div. LEXIS 55677 (N.Y. Ct. App. 1986).

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Opinion

— In a proceeding pursuant to CPLR article 78 to review certain determinations of the Board of Architectural Review and the Zoning Board of Appeals of the Village of Tuxedo Park denying an application for a building permit, the appeals are from (1) an order of the Supreme Court, Orange County (Green, J.), dated November 4, 1983, which ordered that a hearing be held on the petitioner’s petition, and (2) a judgment of the same court (Walsh, J.), dated November 20, 1984, which, after a hearing, set aside the determinations as arbitrary and capricious and ordered that the petitioner be issued a building permit.

Appeal from the order dismissed, without costs or disbursements. An order directing a judicial hearing to aid in the disposition of a motion is not appealable as of right (Bagdy v Progresso Foods Corp., 86 AD2d 589; Astuto v New York Univ. Med. Center, 97 AD2d 805). In any case, an order in a proceeding pursuant to CPLR article 78 is not appealable as of right (see, CPLR 5701 [b] [1]).

Judgment affirmed, without costs or disbursements, for reasons stated by Justice Walsh in his decision at Special Term. Niehoff, J. P., Lawrence, Kunzeman and Hooper, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to review certain determinations of the Board of Architectural Review and the Zoning Board of Appeals of the Village of Tuxedo Park denying an application for a building permit, the appeals are from (1) an order of the Supreme Court, Orange County (Green, J.), dated November 4, 1983, which ordered that a hearing be held on the petitioner’s petition, and (2) a judgment of the same court (Walsh, J.), dated November 20, 1984, which, after a hearing, set aside the determinations as arbitrary and capricious and ordered that the petitioner be issued a building permit.

Appeal from the order dismissed, without costs or disbursements. An order directing a judicial hearing to aid in the disposition of a motion is not appealable as of right (Bagdy v Progresso Foods Corp., 86 AD2d 589; Astuto v New York Univ. Med. Center, 97 AD2d 805). In any case, an order in a proceeding pursuant to CPLR article 78 is not appealable as of right (see, CPLR 5701 [b] [1]).

Judgment affirmed, without costs or disbursements, for reasons stated by Justice Walsh in his decision at Special Term. Niehoff, J. P., Lawrence, Kunzeman and Hooper, JJ., concur.

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Bluebook (online)

119 A.D.2d 751, 501 N.Y.S.2d 605, 1986 N.Y. App. Div. LEXIS 55677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briedis-v-briggs-nyappdiv-1986.

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