Home/New York Court of Appeals/Loewy v. Binghamton Housing Authority

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
New York Court of Appeals·Decided June 25, 1958·Published

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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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).

152 N.E.2d 652 (Loewy v. Binghamton Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Norton v. O'CONNELL
118 N.E.2d 905 (New York Court of Appeals, 1954)
Matter of Glenram Wine Liquor Corp. v. O'Connell
67 N.E.2d 570 (New York Court of Appeals, 1946)