Montgomery v. LeFevre

Appellate Division of the Supreme Court of New York

Montgomery v. LeFevre

87 A.D.2d 904, 449 N.Y.S.2d 348, 1982 N.Y. App. Div. LEXIS 16426

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

DecidedApril 1, 1982

StatusPublished

Cited by3 cases

This text of 87 A.D.2d 904 (Montgomery v. LeFevre) 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

Montgomery v. LeFevre, 87 A.D.2d 904, 449 N.Y.S.2d 348, 1982 N.Y. App. Div. LEXIS 16426 (N.Y. Ct. App. 1982).

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Opinion

Appeal from a judgment of the Supreme Court at Special Term (Ford, J.), entered May 18, 1981 in Clinton County, which denied petitioners’ application for, inter alia, an order to show cause commencing a proceeding against respondents pursuant to CPLR article 78. The appeal must be dismissed since the denial of an ex parte application for an order to show cause is not appealable (see CPLR 5701, subd [a], par 2; Matter of Singleton v New York State Bd. of Parole, 78 AD2d 583). Were we to reach the merits, we would affirm Special Term’s refusal to grant the order to show cause solely on the ground that petitioners failed to exhaust administrative remedies (see Matter of Patterson v Smith, 53 NY2d 98). Appeal dismissed, without costs. Mahoney, P. J., Sweeney, Yesawich, Jr., Weiss and Levine, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term (Ford, J.), entered May 18, 1981 in Clinton County, which denied petitioners’ application for, inter alia, an order to show cause commencing a proceeding against respondents pursuant to CPLR article 78. The appeal must be dismissed since the denial of an ex parte application for an order to show cause is not appealable (see CPLR 5701, subd [a], par 2; Matter of Singleton v New York State Bd. of Parole, 78 AD2d 583). Were we to reach the merits, we would affirm Special Term’s refusal to grant the order to show cause solely on the ground that petitioners failed to exhaust administrative remedies (see Matter of Patterson v Smith, 53 NY2d 98). Appeal dismissed, without costs. Mahoney, P. J., Sweeney, Yesawich, Jr., Weiss and Levine, JJ., concur.

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Bluebook (online)

87 A.D.2d 904, 449 N.Y.S.2d 348, 1982 N.Y. App. Div. LEXIS 16426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-lefevre-nyappdiv-1982.

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