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

DecidedNovember 29, 1984

StatusPublished

This text of 474 N.E.2d 253 (Brooklyn Union Gas Co. v. State Board of Equalization & Assessment) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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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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.

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Bluebook (online)

474 N.E.2d 253, 64 N.Y.2d 643, 485 N.Y.S.2d 45, 1984 N.Y. LEXIS 4967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooklyn-union-gas-co-v-state-board-of-equalization-assessment-ny-1984.

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