Sliz v. County of Erie

Appellate Division of the Supreme Court of New York

Sliz v. County of Erie

17 A.D.3d 1161, 793 N.Y.S.2d 850, 2005 N.Y. App. Div. LEXIS 4645

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

DecidedApril 29, 2005

StatusPublished

Cited by1 cases

This text of 17 A.D.3d 1161 (Sliz v. County of Erie) 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

Sliz v. County of Erie, 17 A.D.3d 1161, 793 N.Y.S.2d 850, 2005 N.Y. App. Div. LEXIS 4645 (N.Y. Ct. App. 2005).

Pincite

Opinion

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered March 10, 2004 in a proceeding pursuant to CPLR article 78. The order denied respondent’s “cross petition” to dismiss the petition and directed respondent to file and serve an answer within 30 days.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order denying its “cross petition” seeking dismissal of the CPLR article 78 petition and affording respondent 30 days in which to file and serve an answer. Although no appeal lies as of right from an intermediate order in such a proceeding (see CPLR 5701 [b] [1]), we treat the notice of appeal as an application for permission to appeal and grant the application (see CPLR 5701 [c]; Matter of Conde v Aiello, 204 AD2d 1029 [1994]). We nevertheless conclude, however, that Supreme Court properly denied the “cross petition” at this juncture of the litigation and afforded respondent the opportunity to file and serve an answer. Present—Hurlbutt, J.P., Scudder, Gorski, Pine and Lawton, JJ.

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Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered March 10, 2004 in a proceeding pursuant to CPLR article 78. The order denied respondent’s “cross petition” to dismiss the petition and directed respondent to file and serve an answer within 30 days.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order denying its “cross petition” seeking dismissal of the CPLR article 78 petition and affording respondent 30 days in which to file and serve an answer. Although no appeal lies as of right from an intermediate order in such a proceeding (see CPLR 5701 [b] [1]), we treat the notice of appeal as an application for permission to appeal and grant the application (see CPLR 5701 [c]; Matter of Conde v Aiello, 204 AD2d 1029 [1994]). We nevertheless conclude, however, that Supreme Court properly denied the “cross petition” at this juncture of the litigation and afforded respondent the opportunity to file and serve an answer. Present—Hurlbutt, J.P., Scudder, Gorski, Pine and Lawton, JJ.

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Bluebook (online)

17 A.D.3d 1161, 793 N.Y.S.2d 850, 2005 N.Y. App. Div. LEXIS 4645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sliz-v-county-of-erie-nyappdiv-2005.

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