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Matter of Scott v. Manilla

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 972 (N.Y. App. Div. 1994)

Opinion

April 15, 1994

Present — Denman, P.J., Lawton, Callahan, Doerr and Davis, JJ.


Motions to dismiss appeals granted and cross motion for stay denied. Memorandum: The right to appeal from an intermediate order terminates with the entry of a final judgment (Matter of Aho, 39 N.Y.2d 241, 248; see, American Sigol Corp. v Zicherman, 166 A.D.2d 628; see also, CPLR 5501 [a] [1]). Because a final judgment in this proceeding was entered February 28, 1994, petitioners' appeals from intermediate orders entered May 14, 1993 and August 31, 1993 must be dismissed. Moreover, the appeals must also be dismissed because no appeal lies as of right from an order in a CPLR article 78 proceeding (see, CPLR 5701 [b] [1]).


Summaries of

Matter of Scott v. Manilla

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 972 (N.Y. App. Div. 1994)
Case details for

Matter of Scott v. Manilla

Case Details

Full title:In the Matter of ROGER SCOTT et al., Appellants, v. JOHN MANILLA, as…

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

Date published: Apr 15, 1994

Citations

203 A.D.2d 972 (N.Y. App. Div. 1994)
614 N.Y.S.2d 342

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