Coker v. Tofany

Appellate Division of the Supreme Court of New York

Coker v. Tofany

41 A.D.2d 693, 342 N.Y.S.2d 820, 1973 N.Y. App. Div. LEXIS 8319

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

DecidedFebruary 23, 1973

StatusPublished

This text of 41 A.D.2d 693 (Coker v. Tofany) 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

Coker v. Tofany, 41 A.D.2d 693, 342 N.Y.S.2d 820, 1973 N.Y. App. Div. LEXIS 8319 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal unanimously dismissed, without costs. Memorandum: This appeal from an order in an article 78 proceeding is not maintainable as of right (CPLR 5701, subd. [b], par. 1) and permission to appeal was not -obtained. Since the order remits the proceeding to appellant for a hearing, had permission to appeal been sought herein we would have denied the application (see Matter of Vicenzio v. City of Utica, 30 A D 2d 771). (Appeal from-order of Onondaga Special Term annulling determination revoking license.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.

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Appeal unanimously dismissed, without costs. Memorandum: This appeal from an order in an article 78 proceeding is not maintainable as of right (CPLR 5701, subd. [b], par. 1) and permission to appeal was not -obtained. Since the order remits the proceeding to appellant for a hearing, had permission to appeal been sought herein we would have denied the application (see Matter of Vicenzio v. City of Utica, 30 A D 2d 771). (Appeal from-order of Onondaga Special Term annulling determination revoking license.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.

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Bluebook (online)

41 A.D.2d 693, 342 N.Y.S.2d 820, 1973 N.Y. App. Div. LEXIS 8319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coker-v-tofany-nyappdiv-1973.