Driscoll v. Department of Fire

Appellate Division of the Supreme Court of New York

Driscoll v. Department of Fire

112 A.D.2d 751, 492 N.Y.S.2d 249, 1985 N.Y. App. Div. LEXIS 56118

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

DecidedJuly 12, 1985

StatusPublished

Cited by5 cases

This text of 112 A.D.2d 751 (Driscoll v. Department of Fire) 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

Driscoll v. Department of Fire, 112 A.D.2d 751, 492 N.Y.S.2d 249, 1985 N.Y. App. Div. LEXIS 56118 (N.Y. Ct. App. 1985).

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Opinion

Appeal unanimously dismissed, without costs. Memorandum: An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as a matter of right (CPLR 5701 [b] [1]). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (CPLR 5701 [c]). Since no permission to appeal has been sought or granted, this appeal must be dismissed (Matter of Steele v City of Buffalo Dept. of Community Dev., 86 AD2d 754; Matter of Wallace v Wyandanch Union Free School Dist., 58 AD2d 813; Grasole v Simins, 48 AD2d 795; Hawley v Town of Aurora, 41 AD2d 588). Were we to reach the merits, however, we would affirm for reasons stated in the decision at Special Term (Hayes, J.) (see also, Traver v City of Poughkeepsie, 108 AD2d 18). (Appeal from judgment of Supreme Court, Onondaga County, Hayes, J. — art 78.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Schnepp, JJ.

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Appeal unanimously dismissed, without costs. Memorandum: An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as a matter of right (CPLR 5701 [b] [1]). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (CPLR 5701 [c]). Since no permission to appeal has been sought or granted, this appeal must be dismissed (Matter of Steele v City of Buffalo Dept. of Community Dev., 86 AD2d 754; Matter of Wallace v Wyandanch Union Free School Dist., 58 AD2d 813; Grasole v Simins, 48 AD2d 795; Hawley v Town of Aurora, 41 AD2d 588). Were we to reach the merits, however, we would affirm for reasons stated in the decision at Special Term (Hayes, J.) (see also, Traver v City of Poughkeepsie, 108 AD2d 18). (Appeal from judgment of Supreme Court, Onondaga County, Hayes, J. — art 78.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Schnepp, JJ.

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Bluebook (online)

112 A.D.2d 751, 492 N.Y.S.2d 249, 1985 N.Y. App. Div. LEXIS 56118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/driscoll-v-department-of-fire-nyappdiv-1985.

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