Korn v. Gulotta

Appellate Division of the Supreme Court of New York

Korn v. Gulotta

140 A.D.2d 474, 528 N.Y.S.2d 584, 1988 N.Y. App. Div. LEXIS 5479

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

DecidedMay 13, 1988

StatusPublished

Cited by1 cases

This text of 140 A.D.2d 474 (Korn v. Gulotta) 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

Korn v. Gulotta, 140 A.D.2d 474, 528 N.Y.S.2d 584, 1988 N.Y. App. Div. LEXIS 5479 (N.Y. Ct. App. 1988).

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Opinion

[476]*476The appeal from the intermediate order must be dismissed because the right of the direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from that judgment (CPLR 5501 [a] [1]).

While there is no showing of improper motive on the part of the appellants, the facts establish that they failed to comply with the procedures as set forth in Nassau County Charter § 302 (5) in adopting the Nassau County budget for the fiscal year 1988. Accordingly, the Supreme Court acted properly in invalidating that budget and directing the appellant County Executive to prepare and submit a proposed budget for the fiscal year 1988 to the appellant members of the Board of Supervisors for appropriate action in accordance with the relevant provisions of law.

Under the circumstances, the appellant County Executive shall submit to the appellant members of the Board of Supervisors for their immediate consideration and action a proposed budget for the fiscal year 1988 within 30 days after service upon the County Attorney of Nassau County of a copy of this decision and order, with notice of entry. Mollen, P. J., Lawrence, Kunzeman and Rubin, JJ., concur.

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[476]*476The appeal from the intermediate order must be dismissed because the right of the direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from that judgment (CPLR 5501 [a] [1]).

While there is no showing of improper motive on the part of the appellants, the facts establish that they failed to comply with the procedures as set forth in Nassau County Charter § 302 (5) in adopting the Nassau County budget for the fiscal year 1988. Accordingly, the Supreme Court acted properly in invalidating that budget and directing the appellant County Executive to prepare and submit a proposed budget for the fiscal year 1988 to the appellant members of the Board of Supervisors for appropriate action in accordance with the relevant provisions of law.

Under the circumstances, the appellant County Executive shall submit to the appellant members of the Board of Supervisors for their immediate consideration and action a proposed budget for the fiscal year 1988 within 30 days after service upon the County Attorney of Nassau County of a copy of this decision and order, with notice of entry. Mollen, P. J., Lawrence, Kunzeman and Rubin, JJ., concur.

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Bluebook (online)

140 A.D.2d 474, 528 N.Y.S.2d 584, 1988 N.Y. App. Div. LEXIS 5479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korn-v-gulotta-nyappdiv-1988.

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