Matter of Dillon All Points v. N.Y. St. Tax

Full title: In the Matter of DILLON ALL POINTS, INC., et al., Appellants, v. NEW YORK…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 24, 1986

125 A.D.2d 848 (N.Y. App. Div. 1986)

Opinion

December 24, 1986

Appeal from the Supreme Court, Albany County (Conway, J.).

Mikoll, J.

CPLR 5701 (b) (1) provides that an order made in a CPLR article 78 proceeding is not appealable as of right. The instant order is an intermediate order vacating respondent's default and permitting it to interpose an answer. This appeal must be dismissed in that petitioners have neither sought nor been granted permission to appeal (see, Matter of Redemption Church of Christ of Apostolic Faith v. Williams, 84 A.D.2d 648).

Appeal dismissed, with costs. Kane, J.P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.