City of Corning v. Carr

Full title: CITY OF CORNING, Respondent, v. PERCY L. CARR et al., Appellants

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

Date published: Jul 11, 1951

278 App. Div. 1018 (N.Y. App. Div. 1951)

Opinion

July 11, 1951.

Present — Taylor, P.J., McCurn, Vaughan, Piper and Wheeler, JJ. [See post, p. 1043.]

Appeal dismissed, without costs. Memorandum: The order denying defendants' preliminary objections to the petition in a proceeding for condemnation of property under section 4, et seq. of the Condemnation Law, not being a "final order," is not appealable. (Condemnation Law, § 19; Matter of Bd. of Transp. of New York, 272 N.Y. 52; New York State Elec. Gas Corp. v. Smith, 269 App. Div. 725.) All concur, Taylor, P.J., not voting. (Appeal from an order denying defendants' motion to dismiss a petition in a condemnation proceeding.)