Duverney v. State

Full title: CECIL DUVERNEY, Appellant, v. STATE OF NEW YORK et al., Respondents…

Court: Court of Appeals of the State of New York

Date published: Sep 4, 1980

51 N.Y.2d 744 (N.Y. 1980)

Opinion

Submitted July 14, 1980

Decided September 4, 1980

Motion for leave to appeal dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and therefore is not one which comes within the provisions of CPLR 5602 (subd [a], par 2). (See, e.g., Herman Constr. Co. v State Univ. Constr. Fund, 41 N.Y.2d 943.)