Brooklyn Union Gas Co. v. State Board of Equalization & Assessment

New York Court of Appeals

Brooklyn Union Gas Co. v. State Board of Equalization & Assessment

474 N.E.2d 253, 64 N.Y.2d 643, 485 N.Y.S.2d 45, 1984 N.Y. LEXIS 4967

Procedural entryThis page is a short order in Brooklyn Union Gas Co. v. State Board of Equalization & Assessment. Read the opinion of the Court — 58 N.Y.2d 713 →

New York Court of Appeals·Decided November 29, 1984·Published

Opinion

OPINION OF THE COURT

Motion to dismiss appeals denied. Where the Appellate Division has granted permission to appeal from a final order, the [644]*644appeal is not subject to dismissal on the ground that no question of law is presented. If the Court of Appeals disagrees with the Appellate Division’s opinion that “questions of law have arisen which * * * ought to be reviewed” (CPLR 5713), the appropriate disposition is an affirmance, not a dismissal of the appeal (cf. Patrician Plastic Corp. v Bernadel Realty Corp., 25 NY2d 599, 604-605, which discussed appeals pursuant to certified questions from nonfinal orders). In the present case, therefore, whether questions of law are presented and, if so, what disposition should be ordered, must await the argument and submission of the appeal.

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OPINION OF THE COURT

Motion to dismiss appeals denied. Where the Appellate Division has granted permission to appeal from a final order, the [644]*644appeal is not subject to dismissal on the ground that no question of law is presented. If the Court of Appeals disagrees with the Appellate Division’s opinion that “questions of law have arisen which * * * ought to be reviewed” (CPLR 5713), the appropriate disposition is an affirmance, not a dismissal of the appeal (cf. Patrician Plastic Corp. v Bernadel Realty Corp., 25 NY2d 599, 604-605, which discussed appeals pursuant to certified questions from nonfinal orders). In the present case, therefore, whether questions of law are presented and, if so, what disposition should be ordered, must await the argument and submission of the appeal.

Brooklyn Union Gas Co. v. State Board of Equalization & Assessment, 474 N.E.2d 253, 64 N.Y.2d 643, 485 N.Y.S.2d 45, 1984 N.Y. LEXIS 4967 (N.Y. 1984).

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474 N.E.2d 253 (Brooklyn Union Gas Co. v. State Board of Equalization & Assessment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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