Noghrey v. Town of Brookhaven
This text of 976 N.E.2d 247 (Noghrey v. Town of Brookhaven) 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.
Opinion
On the Court’s own motion, appeal by Town of Brookhaven et al. and appeal by Parviz Noghrey dismissed, without costs, upon the ground that the order and judgment appealed from does not finally determine the action within the meaning of the Constitution. Forms of relief within a single cause of action cannot be expressly or impliedly severed (see Burke v Crosson, 85 NY2d 10, 18 n 5 [1995]). The unresolved items of relief render the order and judgment nonfinal. Motion to modify statutory stay denied.
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Cite This Page — Counsel Stack
976 N.E.2d 247, 19 N.Y.3d 1023, 2012 NY Slip Op 84608, 951 N.Y.S.2d 718, 2012 WL 4074315, 2012 N.Y. LEXIS 2183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noghrey-v-town-of-brookhaven-ny-2012.