In re County of Nassau

Appellate Division of the Supreme Court of New York

In re County of Nassau

33 A.D.2d 576, 305 N.Y.S.2d 929, 1969 N.Y. App. Div. LEXIS 2994

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

DecidedOctober 27, 1969

StatusPublished

This text of 33 A.D.2d 576 (In re County of Nassau) 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

In re County of Nassau, 33 A.D.2d 576, 305 N.Y.S.2d 929, 1969 N.Y. App. Div. LEXIS 2994 (N.Y. Ct. App. 1969).

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Opinion

In a condemnation proceeding, the condemnor appeals from an order of the Supreme Court, Nassau County, entered February 6, 1969, which granted a claimant’s motion for an open commission to take his deposition in Florida. Appeal dismissed, with $10 costs and disbursements. The order is an intermediate order and therefore is not appealable (Nassau County Administrative Code, § 11-57.0, L. 1939, ch. 272, as amd.; Matter of Board of Educ. of Union Free School Dist. No. 1 [Phipps], 2 A D 2d 895; cf. Matter of Town of Huntington [Lambert-Bd. of Trustees of Town of Huntington], 25 A D 2d 537; Great Neck Water Auth. v. Citizens Water Supply Co. of Newtown, 12 N Y 2d 167). We have, however, considered the merits, and would affirm the order were we not dismissing the appeal. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

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In a condemnation proceeding, the condemnor appeals from an order of the Supreme Court, Nassau County, entered February 6, 1969, which granted a claimant’s motion for an open commission to take his deposition in Florida. Appeal dismissed, with $10 costs and disbursements. The order is an intermediate order and therefore is not appealable (Nassau County Administrative Code, § 11-57.0, L. 1939, ch. 272, as amd.; Matter of Board of Educ. of Union Free School Dist. No. 1 [Phipps], 2 A D 2d 895; cf. Matter of Town of Huntington [Lambert-Bd. of Trustees of Town of Huntington], 25 A D 2d 537; Great Neck Water Auth. v. Citizens Water Supply Co. of Newtown, 12 N Y 2d 167). We have, however, considered the merits, and would affirm the order were we not dismissing the appeal. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 576, 305 N.Y.S.2d 929, 1969 N.Y. App. Div. LEXIS 2994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-county-of-nassau-nyappdiv-1969.