Barber and Bennett, Inc. v. State of New York

Full title: BARBER AND BENNETT, INC., Respondent, v. STATE OF NEW YORK, Appellant

Court: Court of Appeals of the State of New York

Date published: Sep 24, 1970

27 N.Y.2d 738 (N.Y. 1970)

314 N.Y.S.2d 989

263 N.E.2d 388

Opinion

Submitted September 14, 1970

Decided September 24, 1970

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. COOKE, J.

William F. Conway for motion.

Louis J. Lefkowitz, Attorney-General ( J. Lawson Brown and Ruth Kessler Toch of counsel), opposed.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon ground that appellant is not aggrieved by Appellate Division modification (CPLR 5601, subd. [a], par. [iii]).