Hawthorne v. McGuire

Appellate Division of the Supreme Court of New York

Hawthorne v. McGuire

78 A.D.2d 871, 434 N.Y.S.2d 1005, 1980 N.Y. App. Div. LEXIS 13587

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1980·Published

Opinion

In a proceeding pursuant to CPLR article 78, petitioner appeals from an order of the Supreme Court, Kings County, dated November 26, 1979, which granted respondents’ motion to change the venue of the proceeding from Kings County to New York County. Appeal dismissed, without costs or disbursements. No appeal lies from an intermediate order in a proceeding against a body or officer [872]*872pursuant to CPLR article 78 in the absence of permission (see CPLR 5701, subd [b], par 1). If we were not dismissing, we would affirm. The transfer was neither contrary to law nor an abuse of discretion (cf. Sassower v Finnerty, 68 AD2d 936). Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

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In a proceeding pursuant to CPLR article 78, petitioner appeals from an order of the Supreme Court, Kings County, dated November 26, 1979, which granted respondents’ motion to change the venue of the proceeding from Kings County to New York County. Appeal dismissed, without costs or disbursements. No appeal lies from an intermediate order in a proceeding against a body or officer [872]*872pursuant to CPLR article 78 in the absence of permission (see CPLR 5701, subd [b], par 1). If we were not dismissing, we would affirm. The transfer was neither contrary to law nor an abuse of discretion (cf. Sassower v Finnerty, 68 AD2d 936). Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

Hawthorne v. McGuire, 78 A.D.2d 871, 434 N.Y.S.2d 1005, 1980 N.Y. App. Div. LEXIS 13587 (N.Y. Ct. App. 1980).

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78 A.D.2d 871 (Hawthorne v. McGuire) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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