Okebiyi v. Cortines

Appellate Division of the Supreme Court of New York

Okebiyi v. Cortines

239 A.D.2d 421, 658 N.Y.S.2d 894, 1997 N.Y. App. Div. LEXIS 5084

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1997·Published·Cited by 2 cases

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the appellants dated March 27, 1995, which removed the petitioner from the position of Director of Operations for [422] Community School District 17, the appeal is from an order of the Supreme Court, Kings County (Feinberg, J.), dated February 8, 1996, which granted so much of the petition as sought a name-clearing hearing and directed that the question of whether the petitioner should be discharged be considered and voted upon at a regular meeting of the Board of Trustees of Community School District 17 pursuant to Education Law § 2566 (6).

Ordered that the appeal from the order is dismissed, without costs or disbursements.

No appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see, Matter of Carlo v City of New York, 156 AD2d 685; Carrion v Webb, 131 AD2d 806; CPLR 5701 [b] [1]), and the appellants did not seek leave to appeal. Accordingly, the appeal is dismissed (see, Basile Stable v Vonderwell, 203 AD2d 223). Miller, J. P., Altman, Goldstein and Florio, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the appellants dated March 27, 1995, which removed the petitioner from the position of Director of Operations for [422] Community School District 17, the appeal is from an order of the Supreme Court, Kings County (Feinberg, J.), dated February 8, 1996, which granted so much of the petition as sought a name-clearing hearing and directed that the question of whether the petitioner should be discharged be considered and voted upon at a regular meeting of the Board of Trustees of Community School District 17 pursuant to Education Law § 2566 (6).

Ordered that the appeal from the order is dismissed, without costs or disbursements.

No appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see, Matter of Carlo v City of New York, 156 AD2d 685; Carrion v Webb, 131 AD2d 806; CPLR 5701 [b] [1]), and the appellants did not seek leave to appeal. Accordingly, the appeal is dismissed (see, Basile Stable v Vonderwell, 203 AD2d 223). Miller, J. P., Altman, Goldstein and Florio, JJ., concur.

Okebiyi v. Cortines, 239 A.D.2d 421, 658 N.Y.S.2d 894, 1997 N.Y. App. Div. LEXIS 5084 (N.Y. Ct. App. 1997).

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239 A.D.2d 421 (Okebiyi v. Cortines) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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