Konigsberg v. Coughlin

Appellate Division of the Supreme Court of New York

Konigsberg v. Coughlin

200 A.D.2d 848, 608 N.Y.S.2d 883, 1994 N.Y. App. Div. LEXIS 227

Appellate Division of the Supreme Court of the State of New York·Decided January 13, 1994·Published·Cited by 3 cases

Opinion

— Appeal from a judgment of the Supreme Court (Lewis, J.), entered February 19, 1993 in Clinton County, which denied petitioner’s application for an order to show cause commencing a proceeding against respondents pursuant to CPLR article 78.

This appeal must be dismissed insofar as the denial of an ex parte order to show cause is not appealable. In any event, were we to reach the merits, it is clear that petitioner’s application was patently frivolous and under no circumstances could he have prevailed in this CPLR article 78 proceeding.

Cardona, P. J., Mercure, Casey, Weiss and Yesawich Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.

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— Appeal from a judgment of the Supreme Court (Lewis, J.), entered February 19, 1993 in Clinton County, which denied petitioner’s application for an order to show cause commencing a proceeding against respondents pursuant to CPLR article 78.

This appeal must be dismissed insofar as the denial of an ex parte order to show cause is not appealable. In any event, were we to reach the merits, it is clear that petitioner’s application was patently frivolous and under no circumstances could he have prevailed in this CPLR article 78 proceeding.

Cardona, P. J., Mercure, Casey, Weiss and Yesawich Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.

Konigsberg v. Coughlin, 200 A.D.2d 848, 608 N.Y.S.2d 883, 1994 N.Y. App. Div. LEXIS 227 (N.Y. Ct. App. 1994).

Pincite

200 A.D.2d 848 (Konigsberg v. Coughlin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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