Stewart v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Stewart v. New York State Liquor Authority

33 A.D.2d 637, 305 N.Y.S.2d 136, 1969 N.Y. App. Div. LEXIS 3052

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

DecidedOctober 23, 1969

StatusPublished

Cited by1 cases

This text of 33 A.D.2d 637 (Stewart v. New York State Liquor Authority) 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.

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Stewart v. New York State Liquor Authority, 33 A.D.2d 637, 305 N.Y.S.2d 136, 1969 N.Y. App. Div. LEXIS 3052 (N.Y. Ct. App. 1969).

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Opinion

Appeal unanimously dismissed, [638]*638■without costs. Memorandum: Special Term’s order is not a judgment from' which an appeal could be taken as a matter.o£ right (CPLR 5701, subd. [a], par. 1), but is an. order in an article 78 proceeding (CPLR 5701, subd. ['b], par. 1). from which an appeal máy ‘be taken only by permission of the Justice who made the order or by permission of a Justice- of the Appellate Division (CPLR 5701, subd. [c]; Matter of Vivenzio v. City of Utica, 30 A D 2d 771; Matter of Soros v. Board of Appeals, 24 A D 2d 705; Matter of Album, v. Anderson, 24 A D 2d 730). No such permission was obtained and the appeal must therefore be dismissed. (Appeal from order of Brie Special Term annulling determination of State Liquor Authority and remitting matter.) Present — Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJi

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Appeal unanimously dismissed, [638]*638■without costs. Memorandum: Special Term’s order is not a judgment from' which an appeal could be taken as a matter.o£ right (CPLR 5701, subd. [a], par. 1), but is an. order in an article 78 proceeding (CPLR 5701, subd. ['b], par. 1). from which an appeal máy ‘be taken only by permission of the Justice who made the order or by permission of a Justice- of the Appellate Division (CPLR 5701, subd. [c]; Matter of Vivenzio v. City of Utica, 30 A D 2d 771; Matter of Soros v. Board of Appeals, 24 A D 2d 705; Matter of Album, v. Anderson, 24 A D 2d 730). No such permission was obtained and the appeal must therefore be dismissed. (Appeal from order of Brie Special Term annulling determination of State Liquor Authority and remitting matter.) Present — Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJi

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Bluebook (online)

33 A.D.2d 637, 305 N.Y.S.2d 136, 1969 N.Y. App. Div. LEXIS 3052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-new-york-state-liquor-authority-nyappdiv-1969.

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