Scott v. Scully

Appellate Division of the Supreme Court of New York

Scott v. Scully

212 A.D.2d 619, 623 N.Y.S.2d 139, 1995 N.Y. App. Div. LEXIS 1470

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

DecidedFebruary 14, 1995

StatusPublished

This text of 212 A.D.2d 619 (Scott v. Scully) 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

Scott v. Scully, 212 A.D.2d 619, 623 N.Y.S.2d 139, 1995 N.Y. App. Div. LEXIS 1470 (N.Y. Ct. App. 1995).

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Opinion

—Appeal by the petitioner from (1) a judgment of the Supreme Court, Dutchess County (Amodeo, J.), entered September 16, 1992, which dismissed his proceeding to review a determination of the respondent dated January 1, 1992, and (2) an order of the same court entered September 29, 1992, which denied his motion to reargue.

Ordered that the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues [620]*620which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf., People v Gonzalez, 47 NY2d 606). Balletta, J. P., Thompson, Santucci, Altman and Hart, JJ., concur.

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—Appeal by the petitioner from (1) a judgment of the Supreme Court, Dutchess County (Amodeo, J.), entered September 16, 1992, which dismissed his proceeding to review a determination of the respondent dated January 1, 1992, and (2) an order of the same court entered September 29, 1992, which denied his motion to reargue.

Ordered that the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues [620]*620which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf., People v Gonzalez, 47 NY2d 606). Balletta, J. P., Thompson, Santucci, Altman and Hart, JJ., concur.

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Bluebook (online)

212 A.D.2d 619, 623 N.Y.S.2d 139, 1995 N.Y. App. Div. LEXIS 1470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-scully-nyappdiv-1995.

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