Knieriemen Oil Co. v. Lane

Appellate Division of the Supreme Court of New York

Knieriemen Oil Co. v. Lane

21 A.D.2d 797, 250 N.Y.S.2d 763, 1964 N.Y. App. Div. LEXIS 3611

Appellate Division of the Supreme Court of the State of New York·Decided June 8, 1964·Published·Cited by 1 cases

Opinion

Petitioners move before the Hon. James D. Hopkins, an Associate Justice of this court, pursuant to statute (CPLR 5701, subd. [c]), for permission to appeal to this court from an order made April 16, 1964, at a Special Term, Supreme Court, Dutchess County, which dismissed the petition in a proceeding under article 78 of the CPLR. The motion is denied by Mr. Justice Hopkins as unnecessary. The said order is not an intermediate order in a special proceeding, but a final judgment which granted a motion to dismiss the petition and which has terminated the proceeding (CPLR 7806). Such judgment is appealable as a matter of right (CPLR 5701, subd. [a]; cf. CPLR 103, subd. [b]).

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Petitioners move before the Hon. James D. Hopkins, an Associate Justice of this court, pursuant to statute (CPLR 5701, subd. [c]), for permission to appeal to this court from an order made April 16, 1964, at a Special Term, Supreme Court, Dutchess County, which dismissed the petition in a proceeding under article 78 of the CPLR. The motion is denied by Mr. Justice Hopkins as unnecessary. The said order is not an intermediate order in a special proceeding, but a final judgment which granted a motion to dismiss the petition and which has terminated the proceeding (CPLR 7806). Such judgment is appealable as a matter of right (CPLR 5701, subd. [a]; cf. CPLR 103, subd. [b]).

Knieriemen Oil Co. v. Lane, 21 A.D.2d 797, 250 N.Y.S.2d 763, 1964 N.Y. App. Div. LEXIS 3611 (N.Y. Ct. App. 1964).

Pincite

21 A.D.2d 797 (Knieriemen Oil Co. v. Lane) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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