De Bellis v. New York City Parking Violations Bureau

Appellate Division of the Supreme Court of New York

De Bellis v. New York City Parking Violations Bureau

187 A.D.2d 375, 590 N.Y.S.2d 707, 1992 N.Y. App. Div. LEXIS 13104

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

DecidedNovember 19, 1992

StatusPublished

This text of 187 A.D.2d 375 (De Bellis v. New York City Parking Violations Bureau) 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

De Bellis v. New York City Parking Violations Bureau, 187 A.D.2d 375, 590 N.Y.S.2d 707, 1992 N.Y. App. Div. LEXIS 13104 (N.Y. Ct. App. 1992).

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Opinion

Appeal from an order of the Supreme Court, New York County (William J. Davis, J.), entered April 15, 1991, which, in a proceeding pursuant to CPLR article 78, remanded the matter to respondent for reconsideration and dismissed the proceeding as moot, unanimously dismissed, without costs.

The order on appeal directs respondent to reconsider the matter, thereby clearly calling for a further exercise of respondent’s quasi-judicial responsibilities. Accordingly, the order is not appealable as of right (CPLR 5701 [a] [1]; Matter of Tenants Comm. v Joy, 58 AD2d 797, 798). In any event, were we to reach the substance of petitioner’s claims by granting leave to appeal, sua sponte, pursuant to CPLR 5701 (c), we would find them to be without merit. Concur—Carro, J. P., Rosenberger, Wallach and Ross, JJ.

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Appeal from an order of the Supreme Court, New York County (William J. Davis, J.), entered April 15, 1991, which, in a proceeding pursuant to CPLR article 78, remanded the matter to respondent for reconsideration and dismissed the proceeding as moot, unanimously dismissed, without costs.

The order on appeal directs respondent to reconsider the matter, thereby clearly calling for a further exercise of respondent’s quasi-judicial responsibilities. Accordingly, the order is not appealable as of right (CPLR 5701 [a] [1]; Matter of Tenants Comm. v Joy, 58 AD2d 797, 798). In any event, were we to reach the substance of petitioner’s claims by granting leave to appeal, sua sponte, pursuant to CPLR 5701 (c), we would find them to be without merit. Concur—Carro, J. P., Rosenberger, Wallach and Ross, JJ.

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Bluebook (online)

187 A.D.2d 375, 590 N.Y.S.2d 707, 1992 N.Y. App. Div. LEXIS 13104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-bellis-v-new-york-city-parking-violations-bureau-nyappdiv-1992.

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