Keith v. New York State Teachers' Retirement System

44 A.D.2d 613, 1974 N.Y. App. Div. LEXIS 5553

Opinion

Motion for permission to appeal to this court from an order denying defendant’s motion to dismiss the complaint in an action for declaratory judgment. Pursuant to CPLR 5701 (subd. [e]), the motion must be made to an individual Justice of this court. Accordingly, the motion is referred to Mr. Justice Cooke, who makes the following disposition: Motion denied, without costs, upon the ground an appeal lies as of right. Herlihy, P. J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.