Loewy v. Binghamton Housing Authority

New York Court of Appeals

Loewy v. Binghamton Housing Authority

152 N.E.2d 652, 4 N.Y.2d 1036, 177 N.Y.S.2d 689, 1958 N.Y. LEXIS 955

DecidedJune 25, 1958

StatusPublished

This text of 152 N.E.2d 652 (Loewy v. Binghamton Housing Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Loewy v. Binghamton Housing Authority, 152 N.E.2d 652, 4 N.Y.2d 1036, 177 N.Y.S.2d 689, 1958 N.Y. LEXIS 955 (N.Y. 1958).

Pincite

Opinion

Per Curiam.

Since, under the Appellate Division order remitting the matter to the agency for further proceedings not inconsistent with its opinion, the Authority may well conduct a new hearing relating to the appropriate punishment to be imposed upon petitioner, no appeal may be taken to this court by leave of the Appellate Division, with or without certified questions.

The Appellate Division may grant leave to appeal to this court only in cases where there is no constitutional or statutory right to a hearing (Matter of Glenram Wine & Liq. Corp. v. O’Connell, 295 N. Y. 336; Matter of Norton v. O’Connell, 306 N. Y. 843).

The motion to vacate the order of the Appellate Division granting leave to appeal to this court, treated as a motion to dismiss the appeal, is granted and appeal dismissed, with costs and $10 costs of motion.

Appeal dismissed.

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