Burometto v. Town of Schodack

Appellate Division of the Supreme Court of New York

Burometto v. Town of Schodack

85 A.D.2d 805, 449 N.Y.S.2d 655, 1981 N.Y. App. Div. LEXIS 16620

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1981·Published·Cited by 4 cases

Opinion

Appeal from a decision of the Supreme Court at Special Term (Prior, Jr., J.), dated March 19, 1981, which denied plaintiff’s motion for a default judgment and dismissed the complaint. Since a review of the record on this appeal does not indicate that a judgment or order was entered, but, rather, that plaintiff is attempting to appeal from the decision of Special Term, the appeal must be dismissed (see CPLR 5512, subd [a]). Moreover, had the appeal been properly taken, Special Term’s actions in denying the motion for a default judgment and in dismissing the complaint would be affirmed. Appeal dismissed, without costs. Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.

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Appeal from a decision of the Supreme Court at Special Term (Prior, Jr., J.), dated March 19, 1981, which denied plaintiff’s motion for a default judgment and dismissed the complaint. Since a review of the record on this appeal does not indicate that a judgment or order was entered, but, rather, that plaintiff is attempting to appeal from the decision of Special Term, the appeal must be dismissed (see CPLR 5512, subd [a]). Moreover, had the appeal been properly taken, Special Term’s actions in denying the motion for a default judgment and in dismissing the complaint would be affirmed. Appeal dismissed, without costs. Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.

Burometto v. Town of Schodack, 85 A.D.2d 805, 449 N.Y.S.2d 655, 1981 N.Y. App. Div. LEXIS 16620 (N.Y. Ct. App. 1981).

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85 A.D.2d 805 (Burometto v. Town of Schodack) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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