Coor Development Corp. v. Weber

Appellate Division of the Supreme Court of New York

Coor Development Corp. v. Weber

41 A.D.2d 689, 342 N.Y.S.2d 635, 1973 N.Y. App. Div. LEXIS 5055

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

DecidedFebruary 23, 1973

StatusPublished

Cited by1 cases

This text of 41 A.D.2d 689 (Coor Development Corp. v. Weber) 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

Coor Development Corp. v. Weber, 41 A.D.2d 689, 342 N.Y.S.2d 635, 1973 N.Y. App. Div. LEXIS 5055 (N.Y. Ct. App. 1973).

Pincite

Opinion

'Appeal unanimously dismissed, without costs. Memorandum: Under the order appealed from petitioner’s application to the Town Board is remanded to the board to take proof at a new hearing and to make a determination on the proof presented. Such further action as directed requires the exercise of quasi-judicial responsibility with respect to the issues and, therefore, it is not ministerial in character. (See Matter of American Holding Corp. v. Murdock, 6 A D 2d 596.) The order being intermediate and not final, is not appealable as of right but only upon obtaining leave to appeal (CPLR 5701, subd. [b], par. 1; subd. [c]). (Appeal from order of Brie Special Term remanding article 78 proceeding to Town Board.) Present — Del Vecchio, J. P., Marsh, Witmer and Simons, JJ.

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'Appeal unanimously dismissed, without costs. Memorandum: Under the order appealed from petitioner’s application to the Town Board is remanded to the board to take proof at a new hearing and to make a determination on the proof presented. Such further action as directed requires the exercise of quasi-judicial responsibility with respect to the issues and, therefore, it is not ministerial in character. (See Matter of American Holding Corp. v. Murdock, 6 A D 2d 596.) The order being intermediate and not final, is not appealable as of right but only upon obtaining leave to appeal (CPLR 5701, subd. [b], par. 1; subd. [c]). (Appeal from order of Brie Special Term remanding article 78 proceeding to Town Board.) Present — Del Vecchio, J. P., Marsh, Witmer and Simons, JJ.

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Bluebook (online)

41 A.D.2d 689, 342 N.Y.S.2d 635, 1973 N.Y. App. Div. LEXIS 5055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coor-development-corp-v-weber-nyappdiv-1973.

Opinion

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